¶ ABORTION AND FAMILY PLANNING
PARENTAL CONSENT REQUIREMENT
2020: Ron DeSantis Signed Into Law Legislation That Required Abortion Providers To Obtain Parental Consent Before Providing An Abortion To A Minor. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 404, which “amend[ed] the Parental Notice of Abortion Act in s. 390.01114, F.S., to add consent requirements and renaming the Act as the Parental Notice of and Consent for Abortion Act. The bill prohibit[ed] a physician from performing an abortion on a minor unless the physician has received a notarized, written consent statement with specified language signed by the minor’s mother, father, or legal guardian and the physician has been presented with proof of identification by the parent or legal guardian. However, the consent requirement does not apply if: Notice is not required under specified exceptions to the parental notice requirement; The abortion is performed during a medical emergency when there is insufficient time to obtain consent; The parent or guardian has waived the right to consent; or
The minor petitions the circuit court where she resides and receives a judicial waiver of parental consent. The bill applie[d] the preexisting statutory procedures for obtaining a judicial waiver of the notice requirement to the process of obtaining a judicial waiver of the consent requirement. The bill require[d] that a physician keep the consent document and proof of identification in the minor’s medical record for at least seven years. The bill also authorize[d] a third degree felony penalty for a physician who recklessly or intentionally performs, or attempts to perform, an abortion on an unemancipated minor without the required consent but provides a defense if the minor misrepresented her age or identity under certain circumstances. The bill also amend[ed] s. 390.0111(12), F.S., to increase the penalty from a first degree misdemeanor to a third degree felony for violating requirements established for infants born alive during or immediately after an attempted abortion.” [Florida Senate, Accessed on 9/13/22; Florida Senate, S.B. 404]
- The Bill Required Doctors To Obtain Parental Written Consent Before Providing A Minor With An Abortion, And The Parent Or Legal Guardian Would Have To Supply The Physician With A Copy Of A Legal I.D. And A Notarized Document That They Provided Consent For The Abortion. According to CNN, “The bill would require physicians to obtain written consent from a parent or legal guardian before performing or inducing the termination of a pregnancy of a minor. The consenting parent or legal guardian would have to give the physician a copy of a government-issued proof of identification, and the parent must certify in a notarized document that they consent to the termination of the pregnancy of the minor.” [CNN, 2/21/20]
- The Bill Penalized Doctors Who Perform An Abortion On A Minor Without Parental Consent With A Third Degree Felony And Could Be Imprisoned For Up To Five Years. According to CNN, “Under the bill, any doctor who performs an abortion on a minor without consent from a guardian could face up to five years in prison for a third degree felony.” [CNN, 2/21/20]
- The Bill Provided Exceptions For Medical Emergencies Or If The Minor Were To Petition The Circuit Course For A Judicial Waiver. According to CNN, “Exceptions for consent includes in cases of medical emergency or if the minor petitions the circuit court where she resides for a judicial waiver.” [CNN, 2/21/20]
- Planned Parenthood Argued That Clerks Offered Little To No Information On The Judicial-Bypass Process And Could Worsen With The COVID-19 Pandemic Restraining Court Access. According to the Tampa Bay Times, “In his statement Tuesday, Galvano said that for ‘those who are in a situation of abuse or where parental consent is not in the child’s best interest, the bill provides a judicial waiver process that still involves the intervention of an adult.’ But Planned Parenthood pointed to research that it said showed many clerks of court ‘could offer little to no information’ about the judicial-bypass process when surveyed. Planned Parenthood contends the situation could be worsened by the coronavirus pandemic, which has limited access to courts.” [Tampa Bay Times, 6/30/20]
- Opponents Of The Bill Argued It Would Endanger Pregnant Minors Who May Be Abused If Their Parents Find Out They Are Pregnant Or Considering Terminating The Pregnancy. According to the Tampa Bay Times, “But opponents contend the parental-consent requirement will endanger teens who could be subject to retribution or abuse if their parents find out they are pregnant or considering an abortion.” [Tampa Bay Times, 6/30/20]
- 1989: The Florida Supreme Court Struck Down A Similar Law That Mandated Parental Consent For Abortions, Declaring That The Law Infringed On The Right To Privacy. According to the Tampa Bay Times, “It comes more than three decades after the Florida Supreme Court in 1989 struck down a similar parental-consent law, finding that it violated a right to privacy in the state Constitution.” [Tampa Bay Times, 6/30/20]
PUBLIC RECORDS EXEMPTION - JUDICIAL WAIVER
2020: Ron DeSantis Signed Into Law Legislation That Established A Public Records Exemption For Identification Information Of A Minor Who Petitioned The Circuit Court For A Judicial Waiver Relating To Parental Notification And Consent To Obtain An Abortion. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 406, which “create[d] s. 390.01118, F.S., to make confidential and exempt from public inspection and copying any information that can be used to identify a minor who is petitioning a circuit court for a judicial waiver pursuant to the Parental Notification of and Consent for Abortion Act established in CS/CS/SB 404. Specifically, the bill provide[d] that any such information is: Confidential and exempt from Art. I, s. 24(a), State Constitution, if held by a circuit court or an appellate court; and Confidential and exempt from s. 119.07(1), F.S., and Art. I, s. 24(a), State Constitution, if held by the office of criminal conflict and civil regional counsel or the Justice Administrative Commission. The bill provide[d] legislative findings that the public records exemption is a public necessity and provide[d] that the public records exemption is subject to the Open Government Sunset Review Act and will be repealed on October 2, 2025, unless reviewed and saved from repeal by the Legislature.” [Florida Senate, Accessed on 9/14/22; Florida Senate, S.B. 406]
2022: Ron DeSantis Signed Into Law Legislation That Banned Abortions After 15 Weeks Of Gestation, With Exceptions To Save The Life Of The Pregnant Individual Or To Prevent Irreversible Physical Impairment Or Cases In Which The Fetus Has A Certified Fatal Fetal Abnormality. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 5, which “prohibit[ed] a physician from performing an abortion after the fetus has reached 15 weeks of gestational age and redefine[d] the term ‘gestation’ to measure gestational age as the time period starting on the first day of the pregnant woman’s last menstrual period. The bill applie[d] exceptions found in preexisting law to the 15-week provision, i.e. to save the pregnant woman’s life or to prevent a serious risk of substantial and irreversible physical impairment of a major bodily function, which must be certified in writing by two physicians, or by one physician in the case of an emergency if a second physician is not available. The bill also add[ed] a new exception to the 15-week provision that applies if two physicians certify in writing that the fetus has a fatal fetal abnormality and has not reached viability. The bill define[d] ‘fatal fetal abnormality’ as a terminal condition that, in reasonable medical judgement, regardless of the provision of life-saving medical treatment, is incompatible with life outside the womb and will result in death upon birth or imminently thereafter. Additionally, the bill amend[ed] provisions related to the reporting of abortions to the Agency for Health Care Administration (AHCA). The bill require[d] the AHCA, the Board of Medicine, and the Board of Osteopathic Medicine to adopt by rule a form for reporting abortions.” [Florida Senate, Accessed on 10/13/22; Florida Senate, H.B. 5]
- The Bill Required The Comprehensive Statewide Tobacco Education And Use Prevention Program To Target Information To Pregnant Women And Women Who Can Become Pregnant And Required The Department To Establish Fetal And Infant Mortality Review Committees In Collaboration With Local Health Start Coalitions. According to a press release from Governor Ron DeSantis, “HB 5 amends several other sections of law with the aim of further reducing fetal and infant mortality. This bill adds a requirement to the Comprehensive Statewide Tobacco Education and Use Prevention Program to target information towards pregnant women and women who may become pregnant and requires the Department of Health (DOH) to contract with local Healthy Start coalitions to establish fetal and infant mortality review (FIMR) committees in all regions of the state.” [Press Release - Governor Ron DeSantis, 4/14/22]
- The Bill Provided $1.6 Million To The Department Of Health To Establish The Fetal And Infant Mortality Review Committees And Required Hospitals To Participate In Quality Initiatives Developed Collaboration With The Florida Perinatal Quality Collaborative. According to a press release from Governor Ron DeSantis, “HB 5 appropriates $1,602,000 in recurring funds from the General Revenue Fund for Fiscal Year 2022-2023 to DOH for this purpose and requires all hospitals that provide birthing services to participate in at least two quality initiatives developed in collaboration with the Florida Perinatal Quality Collaborative (FPQC) within the University of South Florida College of Public Health.” [Press Release - Governor Ron DeSantis, 4/14/22]
- The Bill Significantly Decreased Access To Abortions Later In Pregnancy In The U.S. Southeast, Especially For Women Who Traveled To Florida Because Of Stricter Abortion Laws In Their Home States. According to Reuters, “Enactment of the bill would significantly reduce access to late-term abortions for women across the U.S. Southeast, many of whom travel hundreds of miles to end pregnancies in Florida because of stricter abortion laws in surrounding states.” [Reuters, 3/3/22]
- Prior To The 15-Week Abortion Ban, Florida Allowed Abortions Up To 24 Weeks Of Pregnancy Without A Mandatory Waiting Period. According to Reuters, “The state currently permits abortions within up to 24 weeks of pregnancy without a mandatory waiting period, meaning a woman can terminate her pregnancy the day she arrives at a clinic.” [Reuters, 3/3/22]
- The 15-Week Abortion Ban Made Exceptions In Cases Where The Pregnant Individual’s Life Is At Risk Of Death Or At Risk Of “Irreversible Physical Impairment,” Or In Cases Where The Fetus Has A Fetal Abnormality. According to Reuters, “Florida’s measure, which would take effect on July 1, makes exceptions to the 15-week restriction only in cases when the mother is at risk of death or ‘irreversible physical impairment,’ or if the fetus has a fatal abnormality.” [Reuters, 3/3/22]
- Florida Republicans Rejected An Amendment That Would Have Made Exceptions To The 15-Week Abortion Ban For Cases Of Incest, Rape And Human Trafficking. According to Reuters, “In a session on Wednesday, Republicans defeated an amendment that would have made exceptions for rape, incest and human trafficking.” [Reuters, 3/3/22]
- ACLU Of Florida Argued That The 15-Week Abortion Ban Conflicted With The Privacy Clause In Florida’s Constitution. According to Reuters, “The American Civil Liberties Union (ACLU) of Florida said a privacy clause in Florida’s constitution that explicitly protects against government ‘intrusion’ in residents’ private lives would be grounds for a lawsuit challenging a 15-week abortion ban.” [Reuters, 3/3/22]
- August 2022: Seven Florida Clergy Members, Including Two Christians, Three Jews, One Unitarian Universalist And One Buddhist, Sued The State Of Florida For The 15-Week Abortion Ban, All Separately Arguing That The Ban Infringed On Their Religious Freedom. According to the Washington Post, “When the Rev. Laurie Hafner ministers to her Florida congregants about abortion, she looks to the founding values of the United Church of Christ, her lifelong denomination: religious freedom and freedom of thought. She taps into her reading of Genesis, which says ‘man became a living being’ when God breathed ‘the breath of life’ into Adam. She thinks of Jesus promising believers full and abundant life. ‘I am pro-choice not in spite of my faith, but because of my faith,’ Hafner says. She is among seven Florida clergy members — two Christians, three Jews, one Unitarian Universalist and a Buddhist — who argue in separate lawsuits filed Monday that their ability to live and practice their religious faith is being violated by the state’s new, post-Roe abortion law.” [Washington Post, 8/2/22]
- The Bill Made It A Felony For Individuals To “Participate” In An Unlawful Abortion, Which Could Include Counseling Pregnant Individuals To Seek Abortion Procedures. According to the Washington Post, “It also makes it a felony to ‘participate’ in an abortion, which the suits charge could include counseling someone to have one.” [Washington Post, 8/2/22]
- June 2022: A Florida Rabbi Sued The State Of Florida Over The 15-Week Abortion Ban, Arguing The Ban Violated The Practice Of Judaism Since Jewish Law And Tradition Do Not Ban Abortion, Sometimes Require The Procedure, And Do Not Recognize A Fetus As A Full, Legal Person. According to the Washington Post, “A lawsuit similar to the clergy members’ was filed in June by a Florida rabbi, who argued the abortion law violates his practice of Judaism. Jewish views on abortion are complex across the ideological spectrum, but law and tradition do not ban it, sometimes appear to require it and do not recognize an unborn fetus as a full, legal person. According to that lawsuit, filed last month in Leon County Circuit Court, Congregation L’Dor Va-Dor of Boynton Beach argues that the new law ‘prohibits Jewish women from practicing their faith free of government intrusion and … violates their privacy rights and religious freedom.’” [Washington Post, 8/2/22]
- July 2022: A Judge Issued An Order Temporary Halting The 15-Week Abortion Ban After Abortion Providers Argued That The Florida Constitution Guaranteed The Right To Abortion, But The State Appealed The Order, Allowing The Ban To Go Into Effect. According to the Associated Press, “Florida’s new 15-week abortion ban was blocked and then quickly reinstated Tuesday after an appeal from the state attorney general in a lawsuit challenging the restriction. Judge John C. Cooper issued the order temporarily halting the law after reproductive health providers argued that the state constitution guarantees the right to the procedure. The state appealed his order, automatically putting the law back into effect.” [Associated Press, 7/5/22]
- Violators Of The 15-Week Abortion Ban Could Be Imprisoned Up To Five Years And Medical Providers Could Have Their Licenses Revoked And Face $10,000 Per Violation. According to the Associated Press, “Violators could face up to five years in prison. Physicians and other medical professionals could lose their licenses and face administrative fines of $10,000 for each violation.” [Associated Press, 7/5/22]
2020: Ron DeSantis Signed Into Law Legislation That Created Protections For People Seeking Fertility Treatments By Making It A Crime For A Doctor To Inseminate A Patient Without Their Consent, Enhancing The Penalty If The Doctor Uses Their Own Sperm In The Crime, And Requiring Written Consent Before A Pelvic Exam Could Be Performed By A Medical Professional Or Student. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 698, which “establishe[d] protections for people who are dealing with infertility and seek medical assistance to artificially conceive a child. Under the bill, the Department of Health, the Board of Medicine, or the Board of Osteopathic Medicine may take disciplinary action against the health care practitioner’s license if he or she intentionally transfers an embryo or reproductive material into a recipient without the recipient’s consent. Additionally, the Department of Health may issue an emergency order suspending the practitioner’s license if he or she is found guilty of committing the felony of reproductive battery, which is discussed below. The bill also require[d] a health care practitioner, a medical student, or any other student who is receiving training as a health care practitioner to obtain the written consent of a patient or a patient’s representative before performing a pelvic exam. Written consent for the pelvic exam is not required if a court orders the exam to collect evidence or if the exam is necessary to avert a serious risk of irreversible impairment of a major bodily function of the patient. The bill create[d] the crime of reproductive battery. It is a third degree felony for a health care practitioner to intentionally transfer human reproductive material into the body of a recipient or implant a human embryo of a donor, knowing that the recipient has not consented to the use of the reproductive material or embryo from that donor. If the health care practitioner is the donor of the reproductive material, the penalty is increased to a second degree felony. The statute of limitations for prosecuting the crime of reproductive battery does not begin to run until the date that the violation is discovered and reported to a law enforcement agency or any other governmental agency. Additionally, it is not a defense to the crime that the recipient consented to the use of an anonymous donor.” [Florida Senate, Accessed on 9/14/22; Florida Senate, S.B. 698]
- The Bill Made It Illegal For A Physician To Inseminate A Patient With Genetic Material Without Their Knowledge Or Consent, Enhanced Regulations On Fertility Clinics, And Strived To Prevent Undesired Pelvic Examinations. According to Florida Politics, “Gov. Ron DeSantis has signed a measure making it illegal for a doctor to inseminate a patient with genetic material without her knowledge. In addition to criminalizing ‘reproductive battery,’ the law (SB 698) puts increased regulations on fertility clinics and aims to prevent unwanted pelvic exams.” [Florida Politics, 6/19/20]
- The Bill Was In Response To Reports Of Fertility Doctors Using Their Own Sperm To Inseminate Women Who Were Under The Impression They Were Receiving A Donor’s Sperm. According to Florida Politics, “With the advent of in vitro fertilization and now with easily accessible genetics tests, some people are learning they have unexpected half-siblings. Plantation Democratic Sen. Lauren Book fronted the effort after reports of fertility doctors using their own sperm to inseminate women who thought they were receiving sperm from a donor.” [Florida Politics, 6/19/20]
- The Bill Made It A Third-Degree Felony To Inseminate A Woman Without Her Consent And If The Doctor Inseminates Their Own Sperm, The Offense Would Be Enhanced To A Second-Degree Felony. According to Florida Politics, “When the bill goes into effect on July 1, it will be a third-degree felony to inseminate a women with genetic material she did not consent to. If that material belongs to the doctor himself, the offense becomes a second-degree felony.” [Florida Politics, 6/19/20]
- The Bill Required Explicit Consent For Physicians, Medical Students, And Teaching Doctors To Conduct A Pelvic Examination On A Female Patient At A Hospital. According to Florida Politics, “The bill also explicitly requires consent before a pelvic examination is performed on a female patient at a hospital. Medical students routinely practice different types of exams on hospital patients, with the patient’s consent. However, those consent forms often don’t elaborate on specifically which types of exams are approved. Book’s legislation requires pelvic exams to be explicitly listed on a consent form. During the lower chamber’s debate on the bill, House sponsor Rep. Evan Jenne added a provision extending that ban — sans clear consent — to teaching doctors as well.” [Florida Politics, 6/19/20]
2020: Ron DeSantis Signed Into Law The Tammy Jackson Healthy Pregnancies for Incarcerated Women Act, Which Barred The Involuntary Placement Of Pregnant Incarcerated Women In Restrictive Housing With Certain Exceptions And Required Pregnant Incarcerated Women To Be Transported To A Medical Facility And Be Given Proper Care When They Go Into Labor. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1259, which “[p]rohibit[ed] the involuntary placement of pregnant prisoners in restrictive housing; provid[ed] exceptions; requir[ed] corrections officials to write a specified report if circumstances necessitate placing a pregnant prisoner in restrictive housing; provid[ed] requirements for the treatment of pregnant prisoners placed in restrictive housing; requir[ed] pregnant prisoners to be placed in a designated medical housing unit or admitted to the infirmary under certain circumstances; expand[ed] enforcement provisions to provide for grievances for violations relating to restrictive housing of pregnant prisoners, etc.” [Florida Senate, Accessed on 9/16/22; Florida Senate, H.B. 1259]
- The Tammy Jackson Act Ensured Pregnant Women In Prison Will Receive Medical Attention And Dignity. According to the Florida Phoenix, “Gov. Ron DeSantis has signed a bill that promises pregnant women in prison will receive adequate medical attention and dignity. HB 1259, also known as the ‘Tammy Jackson Act,’ was filed by Rep. Shevrin Jones, a Democrat who represents part of Broward County, and Rep. Amy Mercado, a Democrat representing part of Orange County. The governor signed it on Tuesday.” [Florida Phoenix, 6/24/20]
- April 2019: Tammy Jackson Was A Pregnant Inmate Who Was Denied Medical Attention While She Went Into Labor In An Isolation Cell And Delivered Her Baby By Herself. According to the Florida Phoenix, “Jackson was denied medical attention while in labor in an isolation cell in Broward County, as the Florida Phoenix reported in January. After seven hours of labor, she delivered her baby, by herself, in April 2019.” [Florida Phoenix, 6/24/20]
- The Bill Required Prisons To Immediately Transport Incarcerated Women Who Go Into Labor To Medical Facilities And Receive Adequate Care. According to the Florida Phoenix, “The new law calls for incarcerated women who go into labor to be immediately transported to medical facilities and receive proper care. The bill also says pregnant inmates must not be placed involuntarily under restrictive housing. The law continues legislative efforts to improve conditions for women behind bars.” [Florida Phoenix, 6/24/20]
¶ AGRICULTURE, FISHING AND LIVESTOCK
2022: Ron DeSantis Signed Into Law Legislation That Allowed Citrus Growers To Use Written Recommendations From Certified Professionals To Make Their Own Site-Specific Nutrient Management Plans, Which Could Allow For More Usage Of Fertilizer. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1000, which “[d]efin[ed] the terms ‘certified professional’ and ‘site-specific nutrient management’; authoriz[ed] the use of site-specific nutrient management in specified circumstances; authoriz[ed] citrus producers to use written recommendations from certified professionals to tailor their recommended nutrient application rates under certain circumstances; direct[ed] the University of Florida Institute of Food and Agricultural Sciences to analyze the use of site-specific nutrient management for certain crops, develop a research plan and certain recommendations, and submit an annual report to the Governor and Legislature by a specified date, etc.” [Florida Senate, Accessed on 10/25/22; Florida Senate, S.B. 1000]
- The Bill Allowed Citrus Farmers To Use More Nutrients To Grow Crops Above Fertilizing Limits, Which Left Other Farmers Questioning When They Will Be Authorized To Do The Same. According to Spectrum News 13, “A state law to allow Florida citrus farmers to use more nutrients to grow crops beyond their previous fertilizing limits only needs the governor’s signature to become law. The law, which Gov. Ron DeSantis is expected to sign, currently only applies to citrus growers, leaving other farmers asking when they will get the same type of treatment.” [Spectrum News 13, 3/23/22]
- Environmentalists Were Concerned The Additional Nutrients Would Impact Clean Water And Wildlife, Including Manatees. According to Spectrum News 13, “And in general, the bill has environmentalists concerned about the impact additional nutrients will have on clean water and wildlife like manatees.” [Spectrum News 13, 3/23/22]
- The Bill Allowed Citrus Farmers In Florida To Create Special Nutrient Plans, Including The Creation Of Individualized Fertilizing Plans That Could Increase Fertilizer Use Beyond The State’s Fertilizer Limits. According to Spectrum News 13, “Once law, it will allow special nutrient plans for citrus farmers in Florida — which would include creating things like individualized fertilizing plans, that, in turn, could lead to fertilizer use beyond the state’s previously set limits.” [Spectrum News 13, 3/23/22]
- Save The Manatee Club Argued The Bill Would Impact Water Quality And Harm Marine Life Because Of Excess Nutrients And Potential Fertilizer Runoff Polluting Waterways As Nitrogen And Phosphorus Continue To Degrade Water Quality. According to Spectrum News 13, “Not everyone wants to see an expansion of the rule, however. Environmentalists, like Save the Manatee Club’s Kim Dinkins, are concerned the measure will impact water quality and bring harm to marine life. ‘More nutrients than are necessary will get into our waterways,’ Dinkins said of the expanded limits for citrus growers. Manatees, for example, could be impacted by potential fertilizer runoff — something Dinkins said they do not need after 2021, the deadliest year on record for the animals. ‘So, as far as what I’m concerned about for Florida’s waterways, is that there will be additional pollutants getting into them, and we already know that nitrogen and phosphorus both are contributing to degradation of our water quality,’ she said.” [Spectrum News 13, 3/23/22]
¶ Fish And Wildlife Conservation Commission
2019: Ron DeSantis Signed Into Law Legislation That Authorized The Fish And Wildlife Conservation Commission To Operate Residential Conservation Programs To Educate And Train The Public And Commission Workers And Volunteers About Fish And Wildlife Conservation. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 320, which “authorize[d] the Fish and Wildlife Conservation Commission to organize, staff, equip, and operate residential conservation programs to provide education and training about fish and wildlife conservation to the public, commission employees, and volunteers. The bill provide[d] explicit statutory authorization to the commission to support its long history of providing these programs. The bill authorize[d] the commission to establish cooperative efforts with federal, state, and local entities; procure commodities and contractual services such as travel, lodging, and meal services; and hire and train appropriate personnel and volunteers to support these programs.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 320]
¶ Department Of Agriculture And Consumer Services
¶ AGRICULTURAL LOADS ON VEHICLES, RECREATIONAL VEHICLES, PEST CONTROL TRUST FUND, STATE HEMP PROGRAM, AND FOREST SERVICE FIREFIGHTERS
2020: Ron DeSantis Signed Into Law Legislation That Addressed Agricultural Loads On Vehicles, Provided New Regulations Over The Service And Repair Of Recreational Vehicles, Extended The Use Of Funds From The Pest Control Trust Fund, Directed The Florida Forest Service To Develop And Enhance The Training Curriculum For Wildland Firefighters, Modified The Definition Of “Hemp Extract,” And Prohibited The Sale Of Hemp Products For Inhalation To An Individual Under 21 Years Of Age. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 921, which “addresse[d] various issues related to agriculture and certain powers and duties of the Department of Agriculture and Consumer Services (department). Specifically, the bill: Agricultural Loads on Vehicles Eliminate[d] the 20-mile maximum distance requirement that vehicles transporting agricultural products may travel without covering and securing the load. Recreational Vehicles Provide[d] a new definition for the term ‘recreational vehicle;’
Require[d] the department to adopt rules specifying requirements for agents to administer written competency examinations;
Require[d] the department to establish a separate competency examination for a license to engage in activities solely related to the service and repair of recreational vehicles; Authorize[d] certain qualifiers and master qualifiers to engage in activities solely related to the service and repair of recreational vehicles; and Require[d] verifiable liquefied petroleum gas experience or professional certification by a liquefied petroleum gas manufacturer in order to apply for certification as a master qualifier. Pest Control Trust Fund Extend[ed] the expiration date of the department’s authority to use funds from the Pest Control Trust Fund to carry out the division’s duties to June 30, 2024. State Hemp Program Modifie[d] the definition of ‘hemp extract;’
Clarifie[d] the way hemp products should be packaged and labeled; Provide[d] that hemp extract sold in violation of the law shall be considered adulterated or misbranded; and Prohibit[ed] the sale of products that are intended for inhalation and contain hemp extract from being sold to a person who is under the age of 21. Forest Service Firefighters Require[d] the Florida Forest Service firefighter training curriculum to include a minimum of 40 hours each of structural firefighter training and emergency medical training; Require[d] a minimum of 376 hours of wildfire training; and Provide[d] Wildland Firefighter training and certification. Aquaculture Authorize[d] the department to revoke an aquaculture certificate of registration if it determines that aquaculture is not the primary purpose of the certified entity’s operation.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 921]
- The Bill Directed The Florida Forest Service To Update Their Training To A Minimum Of 40 Hours Of Structural Firefighting And 40 Hours Of Emergency Medical Training And Modified The Definition Of “Hemp Extract.” According to Florida Politics, “The Florida Department of Agriculture and Consumer Services saw a pair of key bills signed into law last week that will affect Florida Forest Service standards, the definition of ‘hemp extract,’ and local amusement park safety standards. The first bill, HB 921, was sponsored by state Sen. Ben Albritton and state Rep. Chuck Brannan, and it directs the Florida Forest Service to update its training curriculum to a minimum of 40 hours of structural firefighting and a minimum of 40 hours of emergency medical training.” [Florida Politics, 7/6/20]
- The Bill Directed The Florida Forest Service To Increase Their Minimum Wildfire Training For Recruits To 376 Hours. According to Florida Politics, “The Florida Forest Service will also change the minimum wildfire training for recruits from 250 to 376 hours.” [Florida Politics, 7/6/20]
- The Bill Modified The Definition Of “Hemp Extract” To Remove Synthetic CBD, Revised How Hemp Products Could Be Packaged And Labeled, Provided That Selling Hemp Without Following Regulations Would Be Considered A Punishable Violation, And Banned The Sale Of Hemp Extract For Inhalation To Individuals Under 21 Years Of Age. According to Florida Politics, “As part of HB 921, the definition of ‘hemp extract’ will be changed to remove synthetic CBD, and the way hemp products can be packaged and labeled was revised. HB 921 also states that selling hemp that doesn’t meet statutory requirements is a punishable violation, and it prohibits the sale of hemp extract products intended for inhalation to individuals under 21 years old.” [Florida Politics, 7/6/20]
¶ Soil And Water Conservation Districts
¶ QUALIFICATION CHANGES AND MEETING REQUIREMENTS
2022: Ron DeSantis Signed Into Law Legislation That Required Board Members Of Soil And Water Conservation Districts To Have Retired From Or Be Currently Working As Or Employed By An Agricultural Producer, And Required All District Boards To Meet At Least Once A Year Or Face Dissolution. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1078, which “contain[ed] procedures for subdivision of new soil and water conservation districts (SWCDs). The bill allow[ed] one SWCD supervisor to be elected from each subdivision, and provide[d] for staggered terms. The bill require[d] SWCD supervisors to be eligible voters who reside within the district and who are actively engaged, or retired after ten years of being engaged in, agriculture; are employed by an agricultural producer; or own, lease, or are actively employed on agricultural land. Candidates will be required to file a statement affirming they meet the qualifications to serve as a supervisor. The bill require[d] all five supervisors of the governing body of each district meet at least once a year in a public meeting. The bill provide[d] for automatic dissolution of districts if they should fail to meet as required. The bill dissolve[d] the Baker and Martin SWCDs. The bill provide[d] that each supervisor shall be elected at the 2022 general election. It provide[d] that by January 1, 2023, an SWCD in existence on July 1, 2022 must be subdivided in the manner provided by the bill. The bill contain[ed] election procedures for existing SWCDs.” [Florida Senate, Accessed on 10/25/22; Florida Senate, S.B. 1078]
- The Bill Placed Stricter Membership Qualification To Serve On Florida’s Soil And Water Conservation Districts. According to Florida Politics, “Florida now has stricter membership qualifications to serve on the boards of the state’s Soil and Water Conservation districts, and only days to qualify thanks to a measure Gov. Ron DeSantis signed this week.” [Florida Politics, 6/17/22]
- The Bill Required Soil And Water Conservation District Board Candidates To Be Either An Active Or Retired Agriculture Producer For At Least 15 Years Or Be Employed By An Agriculture Producer. According to Florida Politics, “The law (SB 1078) requires candidates for Soil and Water Conservation District boards, a volunteer public office, to either be agriculture producers working or retired after at least 15 years of work or be employed by an agriculture producer. The legislation underwent several iterations during this year’s Regular Session as St. Augustine Republican Sen. Travis Hutson continuously tweaked the bill after receiving significant pushback from interested parties.” [Florida Politics, 6/17/22]
- The Bill Created A “Last-Minute Pressure” On All Sitting Board Members To Qualify. According to Florida Politics, “The measure took effect immediately when the Republican Governor signed it late Wednesday night as part of a trio of bill signings. Friday marks Florida’s qualifying deadline for the 2022 election, creating last-minute pressure on all board members, even those in the middle of their terms, to qualify.” [Florida Politics, 6/17/22]
- The Bill Aimed To Limit Membership Of The Soil And Water Conservation District Board To Ensure Agricultural Community Involvement. According to Florida Politics, “Hutson’s original draft would have abolished the districts altogether. He said he heard pushback in his district that they were ineffective. But after hearing support for the districts, he amended the measure to limit membership so there would be more involvement from the agricultural community.” [Florida Politics, 6/17/22]
- Florida Politics: The Bill Required All Board Member Seats To Be Up For Election In 2022 Before “Returning To Staggered Four-Year Teams.” According to Florida Politics, “The law also explicitly states all board member seats shall be up for election this year before returning to staggered four-year terms.” [Florida Politics, 6/17/22]
- The Chairman Of The Palm Beach Soil And Water Conservation District Was Halfway Through His Second Term And Had A Background In Civil Engineering, Not Agriculture, And He Argued The Bill Was A “Civil Rights Violation” For Essentially Stripping People Of Their Elected Office During Their Term. According to Florida Politics, “Rob Long, Chair of the Palm Beach Soil and Water Conservation District, is halfway through his second term of the board. His background is in civil engineering, not in agriculture, and he did not bother trying to qualify for re-election. ‘I think the will of the voters has been subverted. I’ve never heard of anyone being stripped of their elected office halfway through their term,’ Long told Florida Politics. ‘I didn’t know that was legal. I feel like it’s a civil rights violation.’” [Florida Politics, 6/17/22]
- Candidates Had Less Than 48 Hours To Be Eligible Or Requalify For The Board, While Some Candidates Had Less Than 24 Hours To Prove They Qualified. According to Florida Politics, “With the noon Friday qualification deadline, candidates had less than 48 hours to qualify or requalify, because even candidates who had already qualified had to recertify that they met the new requirements. The Florida Department of Agriculture and Consumer Services (FDACS), which works with the districts, didn’t deliver the new statement of candidate to some supervisor of elections offices until noon Thursday, giving some candidates less than 24 hours to respond.” [Florida Politics, 6/17/22]
- The Bill Required The Boards Of Each District To Meet At Least Once Per Year Or Else The District Would Be Dissolved, And If A District Was Unsuccessful In Finding A Candidate To Fill A Vacancy, Districts Would Risk Dissolution. According to Florida Politics, “With the new law, each district’s five board members must meet at least once per calendar year or else the district is immediately dissolved. If a district didn’t find a candidate to fill each supervisor slot — as Long fears happened in many, if not all, districts — the districts could be facing dissolution.” [Florida Politics, 6/17/22]
- The Florida Department Of Agriculture And Consumer Services Opposed The Bill, Arguing That It Was “Wholly Appropriate” For Experts Outside Agriculture - Such Environmental Science, Education, And Engineering - To Serve On District Boards. According to Florida Politics, “Even FDACS opposed the measure. […] FDACS Agricultural Water Policy Director Chris Pettit told a Senate panel in March that those districts work in partnership with FDACS to implement best practices and policies from the department, along with education and outreach components and engaging in agricultural projects that require engineering. He said it would be ‘wholly appropriate’ for experts in fields like environmental science, education and engineering to serve in a district, even if they aren’t a farmer or employed by one.” [Florida Politics, 6/17/22]
¶ BANKING AND FINANCE
¶ DEFINITION AND DEREGULATION
2022: Ron DeSantis Signed Into Law Legislation That Defined “Virtual Currency” In Statute, Subjected Money Transmitters To Licensing Requirements, And Allowed Private Individuals To Sell Cryptocurrency Without A License. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 273, which “amend[ed] the money services businesses statutes related to cryptocurrency. The bill define[d] virtual currency as a medium of exchange in electronic or digital format that is not currency; subject[ed] money transmitters to licensing requirements when transacting business involving a virtual currency; and prohibit[ed] payment instrument sellers from transacting business involving virtual currency. Mediums of exchange in electronic or digital format that are issued by or on behalf of an online game, game platform, or family of games sold by the same publisher or offered on the same game platform, or used exclusively as part of a consumer affinity or reward program but cannot be converted or redeemed for currency or another medium of exchange, are expressly exempt from the definition of virtual currency. The bill clarifie[d] that a money transmitter license is only required for a person acting as an intermediary between two parties. The bill also require[d] a money transmitter, during the period of transmission, to hold virtual currency of the same type and amount owed or obligated to the other location or person on the receiving end of the transmission. The bill ma[de] additional conforming changes under the Financial Technology Sandbox in s. 559.952, F.S. and ch. 560, F.S., to reflect the addition of virtual currency to money transmitter regulations.” [Florida Senate, Accessed on 10/17/22; Florida Senate, H.B. 273]
- The Bill Defined The Term “Virtual Currency” In Order To Clarify Florida Law On Cryptocurrency And Deregulate It. According to Florida Politics, “Gov. Ron DeSantis signed legislation Thursday defining the term ‘virtual currency’ to clarify state law on cryptocurrency and ease state financial regulations.” [Florida Politics, 5/12/22]
- The Bill Defined The Term “Virtual Currency” To Be An Digital Medium Of Exchange That Is Not Currency, And Starting In 2023, The Bill Would Upend A 2019 Court Case That Prevented Cryptocurrency Owners From Selling Crypto Without A License. According to Florida Politics, “The measure defines ‘virtual currency’ as a ‘medium of exchange in electronic or digital format which is not currency.’ Upon taking effect Jan. 1, 2023, it will upend a 2019 court ruling preventing people who own bitcoin and other cryptocurrencies from selling them without a license.” [Florida Politics, 5/12/22]
- The Bill Clarified That Platforms That Facilitated Cryptocurrency Transactions Would Need To Obtain A Money Transmitter License, Allowing Individuals To Circumvent Licensure Requirements If They Wanted To Sell Their Own Cryptocurrency. According to Florida Politics, “The legislation clarifies that only intermediaries — such as platforms that enable cryptocurrency transactions, like Coinbase and Voyager — require a money transmitter license. That adjustment in state statutes makes clear that individuals seeking to sell cryptocurrency are not subject to licensure requirements.” [Florida Politics, 5/12/22]
- The Bill’s Definition Of “Virtual Currency” Was Meant To Permit For Clear State Regulation In The Future. According to Florida Politics, “The measure also frees intermediaries from having to hold cash and other assets equivalent to the value of the cryptocurrency, and its definition of ‘virtual currency’ is meant to allow for clear regulation in the future by state officials.” [Florida Politics, 5/12/22]
2019: Ron DeSantis Signed Into Law The FY 2019-2020 Budget, Line-Item Vetoing $131 Million From The Budget. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2502, which “implement[ed] the 2019-2020 General Appropriations Act.” [Florida Senate, Accessed on 8/23/22; Florida Senate, S.B. 2502]
- The FY 2020 Budget Was Comprised Of Over $90 Billion In Spending. According to the Tampa Bay Times, “The more than $90 billion budget will give schools in the 2019-2020 school year a funding boost of $242 per student, set aside $682 million for environmental cleanup, fund $45 million for a massive toll road project and largely avoid major cuts to health care seen in past years. It also infuses $3.8 billion into state transportation infrastructure, including creating 126 new lane miles.” [Tampa Bay Times, 6/21/19]
- The FY 2020 Budget Reduced University Base Funding By $35 Million, Decreased Medicaid Reimbursement Rates For “Safety Net” Hospitals, And Lacked DeSantis’ Request For Teacher Pay Bonuses And Land Preservation. According to the Tampa Bay Times, “It also leveled a $35 million blow to university base funding, fell short on DeSantis’ wishes for teacher bonuses and land preservation, and shrank Medicaid reimbursement rates for ‘safety net’ hospitals.” [Tampa Bay Times, 6/21/19]
- The $91.1 Billion Budget Was $200 Million Less Than The Budget Governor Ron DeSantis Requested In January 2019. According to the Tampa Bay Times, “The Legislature’s $91.1 billion budget came in about $200 million lower than the budget DeSantis had proposed shortly after his Jan. 8 inauguration.” [Tampa Bay Times, 6/21/19]
- Governor Ron DeSantis Line-Item Vetoed About $131 Million From The FY 2020 Budget. According to the Tampa Bay Times, “On Friday, the final veto number came to about $131 million. Governors have the authority to veto specific line-items.” [Tampa Bay Times, 6/21/19]
- Ron DeSantis Line-Item Vetoed $500K For Renovations Of Clearwater’s Ruth Eckerd Hall. According to the Tampa Bay Times, “One project that was cut was Clearwater’s Ruth Eckerd Hall, which was slated to get $500,000 for renovations that makes up a larger effort to raise $34 million.” [Tampa Bay Times, 6/21/19]
- Ron DeSantis Line-Item Vetoed $1 Million For School Security Enhancement Of The Hernando County School District And $1 Million For A New Vocational School; A Board Chairwoman Claimed DeSantis Vetoed The Security Funding Because The County Refused To Arm School Personnel And Chose To Hire Only Sworn Deputies. According to the Tampa Bay Times, “A $1 million project in the Hernando County School District that would have gone toward beefing up school security infrastructure, plus a second $1 million to construct a new vocational-technical school. Hernando County School Board chairwoman Susan Duval alleged that DeSantis vetoed the security money as payback for that county refusing to arm their school staff and choosing instead to hire only sworn deputies.” [Tampa Bay Times, 6/21/19]
- Ron DeSantis Line-Item Vetoed $1.7 Million For The University Of South Florida Medical School, Which Had Been Approved Every Year For Almost A Decade And Is Used Operation Expenses And Contributes To Scholarships. According to the Tampa Bay Times, “$1.7 million for the University of South Florida medical school. That money, which has been approved every year for nearly a decade, is part of the medical school’s operating budget and also contributes to student scholarships. Mark Walsh, a lobbyist for the university, said the school will have to ‘evaluate’ what comes next.” [Tampa Bay Times, 6/21/19]
- Ron DeSantis Line-Item Vetoed $200K For USF-St. Petersburg’s Gulf Of Mexico Studies Program, Effectively Closing The Program. According to the Tampa Bay Times, “$200,000 for USF-St. Petersburg’s Gulf of Mexico studies program, which former USF College of Marine Sciences dean William Hogarth said will essentially shutter the program. ‘I guess there will be no funding,’ he said. The institute is designed to tackle such thorny issues as toxic algae blooms and the infamous Dead Zone in the gulf.” [Tampa Bay Times, 6/21/19]
- Ron DeSantis Line-Vetoed $100K For Miami’s New World School For The Arts. According to the Tampa Bay Times, “Miami’s New World School for the Arts, which became famous after its alumni went on to write the play that served as a basis for the movie ‘Moonlight’ and be the musical director for ‘Hamilton’ on Broadway. After having all its $500,000 in funding cut last year, the school appeared to have eked out with $100,000 from the state this year, until the vetoes were released.” [Tampa Bay Times, 6/21/19]
- Ron DeSantis Line-Item Vetoed $8 Million For A Workforce Housing Project In Jacksonville. According to the Tampa Bay Times, “A $8 million workforce housing project in Jacksonville, which would have benefited big-time developer and Republican political donor, John Rood.” [Tampa Bay Times, 6/21/19]
- Ron DeSantis Line-Item Vetoed $1 Million For A Rural Clinic And Almost $300K For The Hiring Of Mental Health Specialists At Five Private Prisons. According to the Tampa Bay Times, “A $1 million request for a rural clinic operated by the Bonifay-based Doctors’ Memorial Hospital. DeSantis also vetoed nearly $300,000 that would have gone to the private prison operator GEO Group for mental health or psychological specialists at five of its facilities.” [Tampa Bay Times, 6/21/19]
- Ron DeSantis Line-Item Vetoed $325K That Would Have Replaced A Fire Truck And Air Compressor To Use For Oxygen Bottles For Firefighters In Brooksville. According to the Tampa Bay Times, “Brooksville Fire Chief Ron Snowberger was disappointed the governor vetoed $325,000 that would have helped replace a 20-year-old fire truck and an air compressor used to fill oxygen bottles for the firefighters.” [Tampa Bay Times, 6/21/19]
- Ron DeSantis Line-Item Vetoed $250K For The Carter G. Woodson Museum African-American Museum In St. Petersburg, Which Would Have Expanded The Museum. According to the Tampa Bay Times, “Also, $250,000 for the Carter G. Woodson Museum African-American Museum in St. Petersburg was cut. The money DeSantis vetoed would have been spent on expanding the museum from 4,000 to 10,000 square feet, according to state Sen. Darryl Rouson, D-St. Petersburg. Rouson said he was ‘disappointed ... but undeterred’ and vowed to try again for the money next year, calling the museum expansion ‘a good and worthwhile project.’” [Tampa Bay Times, 6/21/19]
- Ron DeSantis Followed Former Governor Rick Scott’s Lead And Line-Item Vetoed Funding For The Miami International Agriculture, Horse, And Cattle Show. According to the Tampa Bay Times, “DeSantis, also in keeping with his predecessor, vetoed funding for the Miami International Agriculture, Horse, and Cattle Show — making it the third time in three years that the South Florida cow and pony show won’t receive state funding it’s asked for.” [Tampa Bay Times, 6/21/19]
2020: Ron DeSantis Signed Into Law The FY 2020-2021 Budget, Line-Item Vetoing $550 Million From The Budget. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 5001, which “[p]rovide[d] moneys for annual period beginning July 1, 2020, & ending June 30, 2021, & supplemental appropriations for period ending June 30, 2020, to pay salaries & other expenses, capital outlay—buildings & other improvements, & for other specified purposes of various agencies of state government. APPROPRIATION: $93,215,530,723.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 5001]
- The FY 2021 Budget Totaled $92.2 Billion, Which Provided $350 Million In Tax Relief, And Governor Ron DeSantis Vetoed Over $1 Billion In Spending. According to a press release from Governor Ron DeSantis, “Today, Governor Ron DeSantis signed the state budget for Fiscal Year 2020-2021. The budget totals $92.2 billion, provides over $350 million in tax relief and includes more than $1 billion in vetoed spending.” [Press Release - Governor Ron DeSantis, 6/29/20]
- The FY 2021 Budget Included “Historic State Operating Funding” Of Overall $4 Million For State Universities And Colleges And Included A $18.9 Million Increase For HBCUs In Florida. According to a press release from Governor Ron DeSantis, “To continue building on the success of Florida’s higher education system, the budget includes historic state operating funding for the Florida College System and State University System at $1.3 billion and $2.7 billion respectively. It does not include any tuition increases. The budget also provides an increase of $18.9 million for Florida’s Historically Black Colleges and Universities.” [Press Release - Governor Ron DeSantis, 6/29/20]
- The FY 2021 Budget Included Over $625 Million For Everglades Restoration And Water Protections. According to a press release from Governor Ron DeSantis, “The budget continues Governor DeSantis’ record investments in Florida’s environment and water quality, providing more than $625 million for Everglades restoration and the protection of water resources. Included in this investment is more than $322 million for Everglades restoration projects, $50 million for springs restoration, $160 million for targeted water quality improvements, $40 million for alternative water supply, and $25 million to combat harmful algal blooms and red tide. With this budget, Governor DeSantis is more than halfway to his goal of securing $2.5 billion for Florida’s environment.” [Press Release - Governor Ron DeSantis, 6/29/20]
- The FY 2021 Budget Included $100 Million For Florida Forever, Florida’s Premier Conservation And Recreation Lands Acquisition Program. According to a press release from Governor Ron DeSantis, “Additionally, the budget includes $100 million for Florida Forever, the state’s premier conservation and recreation lands acquisition program to ensure the conservation and preservation of our natural resources for future generations.” [Press Release - Governor Ron DeSantis, 6/29/20]
- The FY 2021 Budget Included $9.2 Billion For The State Transportation Work Program, Including $2.5 Million For Highways, $400.5 Million For Aviation Improvements, $885.5 Million For Rail And Transit, And $236.4 For Safety Initiatives. According to a press release from Governor Ron DeSantis, “Despite the ongoing COVID-19 pandemic, the state has not lost its focus on critical transportation infrastructure and hurricane recovery needs. The budget provides $9.2 billion for the State Transportation Work Program, including $2.5 billion for highway construction, $400.5 million for aviation improvements, $885.5 million for rail/transit projects and $236.4 million for safety initiatives.” [Press Release - Governor Ron DeSantis, 6/29/20]
- The FY 2021 Budget Included $1.3 Billion State And Federal Funds For Mitigation, Response And Recovery Against Major Disasters Or Emergencies And Provided $10 Million For State-Level Election Oversight Activities. According to a press release from Governor Ron DeSantis, “Additionally, the budget includes $1.3 billion in in federal and state funding for communities to respond to, recover from, and mitigate against major disasters or emergencies. Further, the budget provides $10 million for state-level election oversight activities, with a focus on cybersecurity enhancements to Florida’s election system.” [Press Release - Governor Ron DeSantis, 6/29/20]
- The FY 2021 Budget Included $117.6 Million For The Child Welfare System, Including $53 Million For Welfare Reforms To Fortify Accountability And Care, And $8.7 Million To Support The Office Of Public And Professional Guardianship. According to a press release from Governor Ron DeSantis, “The health and well-being of all Floridians is paramount. The budget invests $117.6 million in funding for children and families who receive services through Florida’s child welfare system, including $53 million for major reforms to our child welfare system to enhance accountability and the quality of care a child receives. The budget also includes $8.7 million in funding to support the Office of Public and Professional Guardianship to ensure the legal rights of Florida’s elderly population are protected.” [Press Release - Governor Ron DeSantis, 6/29/20]
- The FY 2021 Budget Included Over $138 Million To Fight Against The Opioid Epidemic In Florida. According to a press release from Governor Ron DeSantis, “The budget includes $138.1 million in total funding to fight the opioid epidemic in Florida, investing $81.8 million from the State Opioid Response Grant to address the opioid crisis by providing evidence-based prevention, medication-assisted treatment and recovery.” [Press Release - Governor Ron DeSantis, 6/29/20]
- The FY 2021 Budget Included $2.3 Million To Implement The Statewide Behavioral Threat Assessment And Over $8.1 Million To Expand Crime Databases. According to a press release from Governor Ron DeSantis, “The budget continues to make necessary investments in public safety. It includes $2.3 million to implement the first Statewide Behavioral Threat Assessment strategy in the country and more than $8.1 million to expand and enhance Florida’s crime databases.” [Press Release - Governor Ron DeSantis, 6/29/20]
- The FY 2021 Budget Included $6 Million For Florida’s Correctional Facilities, Including $3 Million For Security Equipment, Funding For Salary Raises For Correctional Officers And $17.3 Million For Officers To Transition To 8.5 Hour Shifts. According to a press release from Governor Ron DeSantis, “The budget includes $6 million to make Florida’s correctional facilities safer, including $3 million for security equipment. It also provides important funding for pay increases for correctional officers and $17.3 million for a pilot project that transitions these officers from a 12-hour shift to an 8.5-hour shift.” [Press Release - Governor Ron DeSantis, 6/29/20]
- Governor Ron DeSantis Slashed $550 Million From Items That Were In His Own Budget Proposal, Including The Job Growth Grant Fund, Universities Of Distinction, A New District Court Of Appeal Courthouse, And Several Small Projects. According to Florida Politics, “In total, the Governor cut $550 million from items included in his own $91.4 billion budget proposal from the fall. Of the victims are the job growth grant fund, universities of distinction, a new 2nd District Court of Appeal courthouse in Pinellas County and several smaller member projects.” [Florida Politics, 6/29/20]
- Governor Ron DeSantis Line-Item Vetoed $20 Million For The Job Growth Grant Fund, $21 Million For A New Courthouse, $134.6 Million For A School-Recognition Program, And Over $140.5 Million For Health And Human Services. According to Florida Politics, “Among the vetoes were $20 million for the state’s Job Growth Grant Fund, an economic-development program; $21 million for a new 2nd District Court of Appeal courthouse in the Tampa Bay area; $134.6 million for a school-recognition program; and more than $140.5 million in health- and human-services spending.” [Florida Politics, 6/29/20]
- Governor Ron DeSantis Line-Item Vetoed $264 Million Of Earmarks, Including $250K To Digitize Archives At The Truman Little White House, $250K To Decrease Cold Cases In Broward County, And $200K To Fortify A Recreation Center. According to Florida Politics, “He also vetoed $264 million worth of legislative ‘member’ projects, which generally are earmarks for lawmakers’ districts. Examples of the vetoes included $250,000 to digitize archives at the Harry S. Truman Little White House in Key West; $250,000 to reduce cold cases at the Broward County Sheriff’s Office; and $200,000 to harden the Fort Walton Beach Recreation Center.” [Florida Politics, 6/29/20]
- Governor Ron DeSantis Line-Item Vetoed Tens Of Millions Of Dollars That Were Earmarked For Programs For Individuals With Developmental And Intellectual Disabilities. According to Florida Politics, “Health and human services make up the largest chunk of the state budget, and DeSantis vetoed tens of millions of dollars that had been earmarked for programs for people with developmental and intellectual disabilities.” [Florida Politics, 6/29/20]
- Governor Ron DeSantis Line-Item Vetoed $58.4 Million That Was Meant To Increase The Rate Pay For Providers Who Work With Individuals With Disabilities In A Program Designed To Keep Such Individuals Out Of Mental Institutions. According to Florida Politics, “For instance, he vetoed $58.4 million lawmakers had approved to increase the rates paid to providers who work with people with disabilities in the state’s ‘iBudget’ program. The iBudget program is designed to keep people with developmental and intellectual disabilities out of institutions by providing community-based services that enable them to live at home.” [Florida Politics, 6/29/20]
- Governor Ron DeSantis Line-Item Vetoed $38.4 Million That Was Meant To Raise Medicaid Rates To Providers Who Care For Institutionalized People With Disabilities. According to Florida Politics, “Additionally, DeSantis vetoed $38.4 million that would have been used to increase Medicaid rates to providers who care for people with disabilities who live in institutions.” [Florida Politics, 6/29/20]
- Governor Ron DeSantis Line-Item Vetoes On The FY 2021 Budget Left $6 Billion In Reserves. According to Florida Politics, “The Governor’s vetoes leave $6 billion in reserves.” [Florida Politics, 6/29/20]
2021: Ron DeSantis Signed Into Law The FY 2021-2022 Budget, Line-Item Vetoing $1.5 Billion From The Budget. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2502, which “[i]mplement[ed] the 2021-2022 General Appropriations Act; [i]ncorporat[ed] by reference certain calculations of the Florida Education Finance Program; extend[ed] for 1 fiscal year authorization for the Department of Education to provide certain appropriated funds to certain education television stations and public colleges and universities for public broadcasting; authoriz[ed] the Agency for Health Care Administration, in consultation with the Department of Health, to submit a budget amendment to realign funding for a component of the Children’s Medical Services program to reflect actual enrollment changes; extend[ed] for 1 year the exemption of certain rules pertaining to the medical use of marijuana from certain rulemaking requirements, etc.” [Florida Senate, Accessed on 10/7/22; Florida Senate, S.B. 2502]
- The Florida Legislature Finalized The FY 2022 Budget, Worth $101.5 Billion, Which Was $9.3 Billion Or 10% Greater Than The FY 2021 Budget. According to Florida Politics, “Gov. Ron DeSantis will sign the state’s 2021-2022 budget today. He will be in New Smyrna Beach at 10ish, followed by a stop in Pasco. As for the veto list, we hear it will be ‘light, very light.’ — The Legislature sent their $101.5 billion budget plan to Gov. Ron DeSantis Tuesday, officially putting the ball in his court to finalize the state’s spending for the next fiscal year. The $101.5 billion tab (SB 2500) for the 2021-22 fiscal year, which begins July 1, is $9.3 billion larger than the current year’s $92.2 billion budget, more than a 10% increase.” [Florida Politics, 6/2/21]
- Ron DeSantis Line-Item Vetoed $1.5 Billion In Spending, Including $1.35 Billion From A Federal Coronavirus Relief Package. According to Florida Politics, “Gov. Ron DeSantis signed the $101.5 billion budget for the coming fiscal year Wednesday. He vetoed a record $1.5 billion in spending. However, $1.35 billion of that comes from the latest round of the federal COVID-19 relief plan.” [Florida Politics, 6/3/21]
- Ron DeSantis Line-Item Vetoed $1.35 Billion From The American Rescue Plan, Including $1 Billion From The Emergency Preparedness And Response Fund, Which Was A DeSantis Priority, But Federal Guidelines Required States To Use The Funding A Certain Way. According to Florida Politics, “Of the $1.35 billion in cuts from American Rescue Plan funds, $1 billion comes from the proposed Emergency Preparedness and Response Fund, one of the Governor’s own priorities. However, late federal guidance on how states could spend the relief dollars threw a wrench in that plan.” [Florida Politics, 6/3/21]
- Ron DeSantis Line-Item Vetoed About 150 Out Of 600 Items Included In The Budget, Which Were Items Proposed By Individual Legislators. According to Florida Politics, “He also vetoed about 150 line items pitched by individual lawmakers out of about 700 included in the budget. The Legislature could revisit the trust fund next year, DeSantis added.” [Florida Politics, 6/3/21]
- The FY 2022 Was The First Budget Worth Over $100 Billion In Florida, Although Legislative Leaders Acknowledged Such A High Budget Would Likely Not Be Sustainable For The Following Years. According to Florida Politics, “It marks the first budget worth more than $100 billion. However, a $100 billion budget likely won’t be sustainable for the coming years, legislative leaders say.” [Florida Politics, 6/3/21]
- The Budget Left Almost 10% Or $9.5 Billion In Reserves. According to Florida Politics, “The budget ultimately leaves close to 10%, $9.5 billion, in reserves. That includes more than $1.2 billion in revenues collected above the mid-Session revenue estimates.” [Florida Politics, 6/3/21]
- The Legislature Used Federal Funds To Provide First Responders With $1,000 Bonuses. According to Florida Politics, “Among other things, the Republican-controlled Legislature tapped federal money to provide $1,000 bonuses to first responders.” [Florida Politics, 6/3/21]
- Florida Only Received $8.8 Billion In American Rescue Plan Since The Relief Was Contingent On The Unemployment Level, And Since Florida Had A Low Unemployment Rate, Ron DeSantis Claimed That The Federal Government Was Doing “Whatever They Can To Hurt States Like Florida” While Helping States That Were Under Lockdown. According to Florida Politics, “Lawmakers had expected Florida to get around $10 billion in American Rescue Plan relief. Florida only looks to get $8.8 billion. Relief was tied to each state’s unemployment level. Moreover, high unemployment states received the full funding up front while low unemployment states, like Florida, only received half. ‘They do whatever they can to hurt states like Florida, and to help states that were locked down,’ DeSantis said. The American Rescue Plan was one of President Joe Biden’s priorities. DeSantis has lamented the deal since its inception.” [Florida Politics, 6/3/21]
- Florida Watch Scrutinized The FY 2022 Budget, Arguing That Public Schools Were In Need Of More Funding To Cover Critical Maintenance Projects, That The Budget Increased Taxes By $1 Billion Every Year, And That Florida Rejected Billions Of Dollars By Refusing To Expand Medicaid. According to Florida Politics, “The progressive group Florida Watch called the spending plan a ‘missed opportunity’ to help more than just teachers and first responders with $1,000 bonuses as a reward for work during the pandemic. ‘While children throughout our state are crammed into crumbling classrooms and portables, Republicans in Tallahassee refused to spend more than $3 billion that could have been used on much-needed maintenance projects in public schools,’ Florida Watch Executive Director Josh Weierbach said in a statement. ‘Instead, they raised taxes on every Floridian by $1 billion a year. They also turned away billions of dollars by refusing to become the 39th state to expand Medicaid, which would lower the cost of care for all Floridians and extend access to quality and affordable health care to over 800,000 workers.’” [Florida Politics, 6/3/21]
2022: Ron DeSantis Signed Into Law The FY 2022-2023 Budget, Line-Item Vetoing $3.1 Billion From The Budget. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 5001, which “[p]rovide[d] moneys for annual period beginning July 1, 2022, & ending June 30, 2023, & supplemental appropriations for period ending June 30, 2022, to pay salaries & other expenses, capital outlay—buildings & other improvements, & for other specified purposes of various agencies of state government. APPROPRIATION: $112,071,034,002.” [Florida Senate, Accessed on 10/28/22; Florida Senate, H.B. 5001]
- The FY 2022-2023 Budget Included $800 Million For Teacher Salary Raises, Increased From $385 To $8,143 Per Student Investment In The Florida Education Finance Program, And Provided Almost $400 Million For School Safety And Mental Health Initiatives. According to a press release from Governor Ron DeSantis, “Florida continues to lead the nation in empowering students and families through educational opportunities. The Freedom First budget provides tools for schools to employ high quality educators and ensure the success of Florida’s students. These investments include $800 million for teacher pay increases, the largest increase in state history. To support student success, the budget provides the highest per student investment of $8,143 in the Florida Education Finance Program, an increase of $385 per student over FY 2021-2022. A historic nearly $400 million for safe school initiatives and mental health initiatives in Florida schools is included to ensure a safe learning environment for students.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Included Over $579 Million For Workforce Education Programs And Over $125 Million For Nursing Education Programs To Address The Nursing Shortage. According to a press release from Governor Ron DeSantis, “For the economic freedom of Floridians, the Freedom First budget includes over $579 million to support workforce education programs to help Floridians fill high-demand, high-paying jobs and meet the state’s goal of becoming the best state for workforce education by 2030. More than $125 million is included for nursing education programs to assist with the nursing shortage through rewarding performance and incentivizing collaboration between nursing programs and healthcare partners.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Provided $125 Million For $1,000 Bonus Payments To First Responders And Provided $5,000 Signing Bonuses For New Recruits And Out-Of-State Police Officers Moving To Florida, And Provided $5 Million For Scholarships To Help Students Undergo Law Enforcement Training. According to a press release from Governor Ron DeSantis, “Florida continues to make necessary investments in our public safety and prioritize the freedom of law-abiding Floridians. Florida has seen 50 consecutive years of decreasing state crime rate due to policies that promote public safety and back law enforcement and first responders. The Freedom First budget provides local government first responders with $1,000 bonus payments, totaling $125 million, and the Law Enforcement Recruitment Bonus Payment Program will issue signing bonuses of up to $5,000 for new recruits and out-of-state officers moving to Florida. The budget also includes $5 million for scholarships to help students complete the required training to become a law enforcement officer.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Included $13.5 Million Towards Scholarships Of Military And Veteran Families And $7.9 Million For The National Guard And Emergency Response, Including The Construction Of New Headquarters For The National Guard Counter Drug Program And Supporting Guardsman Pursuing Higher Education. According to a press release from Governor Ron DeSantis, “The Freedom First budget supports Florida’s National Guard and military families and reinforces the Governor’s commitment to being the most military friendly state in the nation. Florida continues to invest in programs and resources for military members and their families with a $13.5 million investment towards scholarships for children and spouses of deceased and disabled veterans to welcome military presence in our state. $7.9 million will support our National Guard and emergency response capabilities including a new headquarters for the National Guard Counter Drug Program and support for Florida Guardsmen seeking higher education degrees.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Provided $10 Million To Re-Establish The Florida State Guard To Support Emergency Preparedness For Hurricanes And Natural Disasters. According to a press release from Governor Ron DeSantis, “To ensure that Florida is prepared to respond during an emergency, the Freedom First budget provides $10 million to re-establish the Florida State Guard, a civilian volunteer force, to support 400 recruits to aid in Florida’s emergency preparedness for hurricanes and other disasters.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Included $500 Million For Restoration Projects In The Everglades And Over $558 Million For Targeted Water Quality Improvements, $75 Million To Restore World-Renowned Springs In Florida. According to a press release from Governor Ron DeSantis, “Florida’s natural resources are the foundation of our state’s communities and are central to our quality of life, tourism, and economy. The Freedom First budget will bring the four-year total investment in Everglades restoration and the protection of water resources to more than $3 billion, doubling the investment of the previous four years and surpassing the goal set four years ago. This includes $500 million for Everglades restoration projects and more than $558 million for targeted water quality improvements to achieve significant nutrient reductions in key waterbodies across the state. $75 million is included in the budget to restore Florida’s world-renowned springs.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Included $733.3 Million For Water And Land Protections, Including $468 Million To The Florida Forever Program And $264 Million For Infrastructure And Resource Management Of The State Park System. According to a press release from Governor Ron DeSantis, “To support conservation of Florida’s natural lands, the Freedom First budget includes $733.3 million to protect our waters and prized properties while ensuring that Floridians can access to enjoy our state-owned lands. $468 million will go to the Florida Forever Program, and $264 million in record funding is included for infrastructure improvements and resource management of Florida’s award-winning state park system.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Included $35 Million To Improve Water Quality And Address Algal Blooms And $30 Million For Manatee Care And Management, Including To Expand Manatee Acute Care Facilities And Restore Spring Access And Habitat Restoration. According to a press release from Governor Ron DeSantis, “The budget includes a $35 million investment to improve water quality and combat the effects and impacts of harmful algal blooms, including blue-green algae and red tide. The budget also includes $30 million for the care and management of manatees, including $20 million to enhance and expand the number of manatee acute care facilities and to restore spring access and habitat restoration in manatee concentrated areas.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Included Up To $3 Million For The Florida Fish And Wildlife Commission To Remove Burmese Pythons From The Everglades. According to a press release from Governor Ron DeSantis, “Florida’s environment has been affected by invasive, non-native species like the Burmese Python that disrupt the natural food-chain and further threaten endangered species. The Freedom First budget provides up to $3 million for the Florida Fish and Wildlife Commission to remove pythons from the Everglades, an increase of $2 million over the current year.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Provided Over $1 Billion For Health Care Providers Who Serve Elders, Individuals With Disabilities, High-Risk Pregnant Individuals And Provide Organ Transplant Services. According to a press release from Governor Ron DeSantis, “Florida has placed the freedom of Floridians to make their own health care choices above what the federal government wishes to force upon people. The Governor has prioritized the health of Floridians by supporting our state’s health care force, putting Seniors First, helping combat the opioid epidemic, and ensuring that veterans and disabled Floridians can receive the care they need. More than $1 billion is included in the budget for providers who serve our aging population, individuals with disabilities, high risk pregnant women and children and who perform organ transplants.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Addressed The Needs Of The Child Welfare System, Providing Almost $361 Million For Foster Parent Support And Adoption Services, $70 Million For Mentorship Programs And To Encourage Fatherhood, A $15 Million Increase In Adoption Benefits For State Workers, And $24.8 Million To Help Foster Parents And Caregivers With Childcare. According to a press release from Governor Ron DeSantis, “The Governor has prioritized the needs of children who are served by the child welfare system in Florida. The Freedom First budget includes nearly $361 million to provide services for foster parent support, adoption services, and the modernization of the Florida Safe Families Network System. The Freedom First budget includes nearly $70 million for mentorship programs and support to encourage responsible and involved fatherhood. To support foster parents and those who wish to adopt, the budget includes an increase of $15 million over last year’s budget to support adoption benefits for state employees and maintenance adoption subsidies and $24.8 million, an increase of $200 per month, to assist foster parents and relative or non-relative caregivers with covering the cost of childcare.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Included $100 Million For Florida’s National Cancer Institute Program, Over $55 Million For State Veterans’ Nursing Homes’ Equipment And Medical Expenses, And $2 Million To Support Veterans’ Transition To Civilian Life. According to a press release from Governor Ron DeSantis, “The Freedom First budget supports Florida’s most vulnerable by dedicating $100 million to support Florida’s National Cancer Institute Program to enhance Florida’s competitiveness in cancer research and care. Additionally, more than $55 million will support equipment updates and medical costs for State Veterans’ nursing homes and an additional $2 million will assist veterans in the transition to civilian life.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Included A $21 Million Increase For The Alzheimer’s Disease Initiative And The Community Care For The Elderly Program. According to a press release from Governor Ron DeSantis, “To continue putting Seniors First, a $21 million increase is included for care and assistance for seniors through the Alzheimer’s Disease Initiative and the Community Care for the Elderly Program which will allow more than 2,000 seniors the freedom to receive services in their homes.” [Press Release - Governor Ron DeSantis, 6/2/22]
- The FY 2022-2023 Budget Included Almost $294 Million For Community-Based Behavioral Health Services And Operations Of State Mental Health Treatment Facilities, Including To Treat Substance Abuse, Suicide, And Homelessness. According to a press release from Governor Ron DeSantis, “The need for behavioral and mental health services has increased across the state and is a priority of both the Governor and First Lady Casey DeSantis. The Freedom First budget includes nearly $294 million for community based behavioral health services and operations of state mental health treatment facilities including treatment services to address mental health issues like reducing overdoses, suicides and helping break the cycle of hospitalization and homelessness.” [Press Release - Governor Ron DeSantis, 6/2/22]
- Ron DeSantis Line-Item Vetoed Over 400 Local Projects And Budget Items From The FY 2022-2023 Budget. According to Florida Phoenix, “Before the vetoes, the Florida Legislature had compiled a $112.5 billion state budget for 2022-23. But DeSantis shaved some of that off considerably — with more than 400 local projects or other budget items cut, according to the veto document.” [Florida Phoenix, 6/2/22]
- Ron DeSantis Line-Item Vetoed $645 Million For A New Prison And $75 Million For The Environmental And Oceanographic Sciences Research And Teaching Facility At The University Of South Florida. According to Florida Phoenix, “The veto list includes projects that are both local in nature but also can have statewide impacts, such as a $645 million new prison and $75 million for a University of South Florida – Environmental & Oceanographic Sciences Research & Teaching Facility.” [Florida Phoenix, 6/2/22]
- Ron DeSantis Line-Item Vetoed A $50 Million Project For The Hernando County For Road Widening And $35 Million For A Pasco County Sports Training And Youth Tournament Facility. According to Florida Phoenix, “A $50 million project for road widening in Hernando County got tanked, as well as a $35 million sports training and youth tournament facility in Pasco County.” [Florida Phoenix, 6/2/22]
- Ron DeSantis Line-Item Vetoed $350 Million For Water Quality Improvements And Everglades Restoration. According to Florida Phoenix, “Another $350 million for water quality improvements and Everglades Restoration was slashed.” [Florida Phoenix, 6/2/22]
- Ron DeSantis Line-Item Vetoed $1 Million For America’s Second Harvest Of The Big Bend, Which Addresses Food Insecurity. According to Florida Phoenix, “Democratic State Rep. Allison Tant, who represents Leon County, in the state capital, said: ‘I was disappointed to see the $1,000,000 in funds for America’s Second Harvest of the Big Bend on the Governor’s veto list. At a time when Floridians are experiencing tough times and are facing an affordability crisis, vetoing funds to support food insecurity is wrong and goes against what Floridians need. During the height of the pandemic, the only meals many individuals in Leon and surrounding counties received were from Second Harvest. The state’s poorest and most food insecure zip code is Leon’s 32304. Second Harvest has worked to expand their footprint and the number of individuals they need to serve has only grown. These funds would have been used to expand their reach into even more counties and would have created new partnerships with community organizations in rural counties.’” [Florida Phoenix, 6/2/22]
- Ron DeSantis Line-Item Vetoed A $1 Billion Fund That Would Have Been Used To Cover Additional State Costs Incurred Due To Inflation. According to Florida Politics, “The whopping $3.1 billion veto list includes the $1 billion fund the Legislature set up to pay for additional costs state agencies incur next year due to inflation.” [Florida Politics, 6/2/22]
- Ron DeSantis Line-Item Vetoed $15 Million For The 2nd District Court Of Appeal And $50 Million For A Newly Created 6th District Court Of Appeal. According to Florida Politics, “A new courthouse for the 2nd District Court of Appeal that was set at $15 million was axed, as was $50 million for a courthouse in the newly created 6th DCA.” [Florida Politics, 6/2/22]
- Ron DeSantis Line-Item Vetoed $30 Million For A New Music Building At The University Of Florida And $20 Million For Airplane Procurement. According to Florida Politics, “The $30 million for the University of Florida’s new music building, $20 million for the Moffitt Pasco County Life Science Park and $20 million to buy new state airplanes also were nixed by DeSantis.” [Florida Politics, 6/2/22]
2022: Ron DeSantis Vetoed Legislation That Would Have Created The Inflation Fund, With The Intent Of Using The Fund To Cover State Project Expenses When Inflation-Impacted Costs Exceed The Appropriated Funds. In June 2022, according to the Florida Senate, Ron DeSantis vetoed House Bill 5011, which would have “create[d] the Inflation Fund within the Executive Office of the Governor. The bill provide[d] that unprecedented inflation driven by federal economic policies necessitates the need for a reserve to ensure there are sufficient funds, as appropriated in the General Appropriations Act, available to allow for budget amendments when inflation-driven costs exceed appropriations in the General Appropriations Act.” [Florida Senate, Accessed on 10/13/22; Florida Senate, H.B. 5011]
- The Bill Would Have Created The Inflation Fund To Offset Rising Costs For Government Projects, Especially In Cases Where Costs Exceeded Appropriations Due To Inflation, The Fund Would Have Covered The Remaining Expenses. According to the Center Square, “The legislature wanted to create the fund to offset increasing costs for state government projects. If expenses exceeded the costs appropriated for them due to unprecedented inflation, the fund would cover the gap.” [Center Square, 6/3/22]
¶ BUSINESS AND JOBS
¶ EXPANSION AND PREEMPTION
2021: Ron DeSantis Signed Into Law Legislation That Expanded Cottage Food Operations By Increasing The Annual Gross Sales Limit, Exempting Cottage Food Operations From State Permitting Mandates, And Prohibiting Local Governments From Regulating Or Prohibiting Cottage Food Products And Operations. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 663, which “[i]ncreas[ed] the annual gross sales limitation for exempting cottage food operations from certain food and building permitting requirements; authoriz[ed] the sale, offer for sale, and delivery of cottage food products by mail; preempt[ed] the regulation of cottage food operations to the state; prohibit[ed] local governments from prohibiting cottage food operations or regulating cottage food products by cottage food operations; requir[ed] cottage food operations to comply with certain conditions for the operation of home-based businesses, etc.” [Florida Senate, Accessed on 10/3/22; Florida Senate, H.B. 663]
- The Bill Expanded The Business Of Home Cooking, Focusing On “Cottage” Food Products And Increasing How Much Money Residents Can Profit From Selling Home-Based Food. According to the Tampa Bay Times, “A proposal that could help expand the business of home cooking is before Gov. Ron DeSantis. The Legislature on Monday formally sent the ‘Home Sweet Home Act’ (HB 663) to the governor’s office. Focused on ‘cottage’ food products, the measure would increase how much money residents can make from selling food out of their homes.” [Tampa Bay Times, 6/29/21]
- The Bill Increased The Annual Gross Sales Maximum From $50K To $250K On Food Products Sold By Mail, Online Or Through Delivery Without Needing To Fulfill State Permitting Requirements. According to the Tampa Bay Times, “It would raise an annual gross sales cap from $50,000 to $250,000 on foods sold by mail, the internet or through delivery without having to conform to state permitting requirements.” [Tampa Bay Times, 6/29/21]
- The Bill Gave Control To The State Over The Regulation Of Cottage Food Production By Preempting Local Regulations. According to the Tampa Bay Times, “It also would ‘preempt’ local regulations, giving control to the state.” [Tampa Bay Times, 6/29/21]
- Local Governments Opposed The Bill. According to the Tampa Bay Times, “The bill was opposed by local governments but was backed by the libertarian nonprofit Institute for Justice, which argued that it would primarily help women. ‘Eighty-three percent of cottage-food entrepreneurs are women,’ Justin Pearson, managing attorney of the Institute for Justice’s Florida office, said in a prepared statement.” [Tampa Bay Times, 6/29/21]
2022: Ron DeSantis Signed Into Law Legislation That Dissolved Independent Special Districts That Were Established Before The Ratification Of The Florida Constitution Of November 1968, Including Reedy Creek Improvement District, Which Effectively Provided Self-Government To Walt Disney World Resort. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 4-C, which “provide[d] for the dissolution of any independent special district established by a special act prior to the ratification of the Florida Constitution on November 5, 1968, which has not been reestablished, re-ratified, or otherwise reconstituted by special act or general law after such date. The bill provide[d] that dissolution of the affected districts will occur on June 1, 2023, but that such special districts may be reestablished pursuant to the requirements and limitations of ch.189, F.S., on or after that date. The bill appears to affect the following six independent special districts: Bradford County Development Authority (Bradford County) Eastpoint Water and Sewer District (Franklin County) Hamilton County Development Authority (Hamilton County) Marion County Law Library (Marion County) Reedy Creek Improvement District (Orange and Osceola Counties) Sunshine Water Control District (Broward County)” [Florida Senate, Accessed on 11/2/22; Florida Senate, S.B. 4-C]
- Ron DeSantis Called For A Special Session For Lawmakers To End Disney’s Special Status That Gave Them Access To Tax-Exempt Financing For Decades. According to Bloomberg Law, “He expanded a special session to add bills on just two topics: erasing the Disney exemption from the social media law, and ending a special status Disney has had for decades that gives it access to tax-exempt financing.” [Bloomberg Law, 4/20/22]
- The Bill Dissolved Certain Independent Special Districts That Were Created Before The Florida Constitution Was Ratified In 1968. According to a press release from Governor Ron DeSantis, “SB 4-C will dissolve certain independent special districts established before the ratification of the Florida Constitution in 1968, including the Reedy Creek Development District.” [Press Release - Governor Ron DeSantis, 4/22/22]
- The Bill Aimed At Terminating Disney World’s Special Government As A Way Of Punishing The Company For “Political Disloyalty.” According to Florida Politics, “Senate and House bills aimed at putting an end to Walt Disney World’s special government have been submitted for the Legislature’s Special Session this week — sending notice that Gov. Ron DeSantis is serious in his ire toward the company’s political disloyalty. With DeSantis announcing the issue would be offered for the Special Session, Republican Sen. Jennifer Bradley and Republican Rep. Randy Fine have introduced bills that would sunset authorizing statutes for the Reedy Creek Improvement District by the summer of 2023.” [Florida Politics, 4/19/22]
- The Reedy Creek Improvement District Provided Utilities To Disney World Resort Property And Provides Municipal Services, Such As Fire And Rescue. According to Florida Politics, “By Florida statute, that district provides utilities and other services to the more than 25,000 acres of southwestern Orange County that make up the Walt Disney World resort property. Reedy Creek also provides many municipal services, including fire and rescue and various municipal functions. But many of those services are provided via contracts with two cities that compose most of Walt Disney World: Lake Buena Vista and Bay Lake.” [Florida Politics, 4/19/22]
- The Reedy Creek Improvement District’s Board Of Supervisors WERE Selected By Landowners, Thus Disney Corporation Selects The Regulators Of Their Property And Allows For Self-Government. According to Florida Politics, “The RCID operates its own fire protection, security services, utilities and planning. Its Board of Supervisors is selected by landowners, effectively meaning the Disney corporation installs the government regulating the 38.5-square-mile property. The district effectively taxes the land and operates government services with that revenue, allowing self-government.” [Florida Politics, 3/30/22]
- By Eliminating The Reedy Creek Improvement District, Orange And Osceola Counties Were Given Full Authority To Regulate Disney Property. According to Florida Politics, “Should the law creating the RCID be repealed, that would leave the Disney property under the complete authority of Orange and Osceola counties.” [Florida Politics, 3/30/22]
- Tensions Between Disney And Florida Legislators Arose After Disney Denounced The Don’t Say Gay Bill, Committing To Repeal The Law And Standing Up For LGBTQ Rights. According to Florida Politics, “Tensions have risen between Disney and Florida lawmakers. On Tuesday, Disney issued a statement vowing to fight to repeal the law prohibiting classroom instruction on sexual orientation or gender identity in kindergarten through third grade. ‘Our goal as a company is for this law to be repealed by the Legislature or struck down in the courts, and we remain committed to supporting the national and state organizations working to achieve that,’ read a corporate statement first released to Variety. ‘We are dedicated to standing up for the rights and safety of LGBTQ+ members of the Disney family, as well as the LGBTQ+ community in Florida and across the country.’” [Florida Politics, 3/30/22]
2022: Ron DeSantis Signed Into Law Legislation That Extended The Florida Tourism Industry Marketing Corporation Until October 2028. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 434, which “extend[ed] the scheduled repeal date for the Florida Tourism Industry Marketing Corporation, doing business as VISIT FLORIDA, and the Division of Tourism Marketing within Enterprise Florida, Inc., from October 1, 2023, to October 1, 2028.” [Florida Senate, Accessed on 10/18/22; Florida Senate, H.B. 434]
- The Bill Granted A Five-Year Extension To Florida’s Tourism-Marketing Agency, Visit Florida. According to The Capitolist, “Under a bill signed into law Friday by Gov. Ron DeSantis, Florida’s tourism-marketing agency has been granted another five years of life. The measure (SB 434) extends the authorization of Visit Florida from Oct. 1, 2023, to Oct. 1, 2028. At the same time, tourism data shows that Florida is back on track, and poised for a surge this summer.” [The Capitolist, 5/9/22]
2019: Ron DeSantis Vetoed Legislation That Would Have Required The Display Of Warnings Over The Addiction Risk To Playing Lottery Games. In June 2019, according to the Florida Senate, Ron DeSantis vetoed House Bill 629, which would have “[r]equir[ed] the Department of the Lottery to include a specified warning in advertisements or promotions of lottery games; provid[ed] requirements for such warning; requir[ed] contracts between the department and a vendor to include a provision that requires the vendor to place or print a specified warning on all lottery tickets, etc.” [Florida Senate, Accessed on 9/1/22; Florida Senate, H.B. 629]
2021: Ron DeSantis Signed Into Law Legislation That Ratified The 2021 Gaming Compact Between The Seminole Tribe Of Florida And The State Of Florida, Pending The Approval By The Department Of The Interior, Which Allowed Sports Betting And Gambling Expansion In Florida. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2-A, which “ratifie[d] the 2021 Gaming Compact executed by the Seminole Tribe of Florida (Seminole Tribe) and by Governor DeSantis on behalf of the State of Florida (state) on April 23, 2021, as amended on May 17, 2021 (the 2021 Gaming Compact). The bill takes effect only if the Gaming Compact between the Seminole Tribe of Florida and the State of Florida executed by the Governor and the Seminole Tribe of Florida on April 23, 2021, as amended on May 17, 2021, under the Indian Gaming Regulatory Act of 1988, is approved or deemed approved and not voided by the United States Department of the Interior, and shall take effect on the date that notice of the effective date of the compact is published in the Federal Register.” [Florida Senate, Accessed on 10/11/22; Florida Senate, S.B. 2-A]
- The Ratification Of The Compact Allowed Florida To Offer Sports Betting And Allowed For The Broadest Gambling Expansion In Florida In A Decade. According to the Tampa Bay Times, “Florida legislators ratified the compact signed by Gov. Ron DeSantis and Seminole Tribe Chairman Marcellus Osceola Jr. during a three-day special session in May, allowing Florida to join dozens of other states in offering sports betting and opening the door to the broadest expansion of gambling in Florida in a decade.” [Tampa Bay Times, 8/6/21]
- In Exchange For The Compact, The Seminole Tribe Promised A Minimum Of $500 Million In Annual Revenue Payments To Florida For The Next 30 Years. According to the Tampa Bay Times, “In exchange, the tribe has guaranteed at least $500 million in annual revenue payments to the state for the next 30 years.” [Tampa Bay Times, 8/6/21]
- The Agreement Allowed Floridians Over The Age Of 21 To Start Placing And Collecting Online Wagers On Sporting Events And All Transactions Would Be Through Tribal Land-Located Servers, Bypassing Federal And State Law. According to the Tampa Bay Times, “Under the agreement now, anyone in Florida over age 21 can start placing and collecting online wagers on sporting events ‘via the internet (or) web application’ from anywhere in Florida beginning on Oct. 15. All transactions would go through servers located on tribal land in a ‘hub and spoke’ model intended to bypass both federal and state law, which both deem sports betting in Florida illegal.” [Tampa Bay Times, 8/6/21]
- The Agreement Allowed The Seminole Tribe To Accept Sports Bets At Six Of Its Casinos And Allowed Florida’s Racetracks And Jai-Alai Frontons To Develop Their Mobile Apps And Conduct Online Sports Betting Using The Server Located In The Tribe. According to the Tampa Bay Times, “Unless a court blocks the agreement, beginning in October the tribe will be allowed to take sports bets at six of its casinos. Florida’s existing racetracks and jai-alai frontons will be allowed to develop their own mobile apps and conduct off-reservation sports betting using the Tribe’s server.” [Tampa Bay Times, 8/6/21]
- The Agreement Was Pending Several Legal Hurdles, Including A Federal Lawsuit And At Least Two Ballot Initiatives That Aimed To Undermine The Tribe’s Monopoly On Sports Betting And Casinos. According to the Tampa Bay Times, “But while the Department of Interior’s approval was the first step, hurdles remain. A lawsuit is pending in federal court, and at least two ballot initiatives have been launched that attempt to undermine the Seminole Tribe’s monopoly on sports betting and its expansion of casino games.” [Tampa Bay Times, 8/6/21]
- The Department Of The Interior Effectively Approved The Agreement Between The Tribe And Florida As Long As The Agreement Complies With Federal Law And The Indian Gaming Regulatory Act. According to the Tampa Bay Times, “In 12-page letters to the Seminole Tribe and the state, the Department of Interior ruled that it will neither approve nor deny the compact and, ‘as a result, the Compact is considered to have been approved by operation of law to the extent that it complies with IGRA (Indian Gaming Regulatory Act) and existing Federal law.’” [Tampa Bay Times, 8/6/21]
2021: Ron DeSantis Signed Into Law Legislation That Created The Florida Gaming Control Commission With The Attorney General’s Office, Created The Division Of Gaming Enforcement, And Expanded The Authority Of The Office Of Statewide Prosecution To Investigate And Prosecute Gambling Crimes. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 4-A, which “[e]xpand[ed] the authority of the Office of Statewide Prosecution within the Department of Legal Affairs to investigate and prosecute certain crimes; creat[ed] the Florida Gaming Control Commission within the Office of the Attorney General; creat[ed] the Division of Gaming Enforcement within the commission; specif[ied] that certain persons are ineligible for appointment to or employment with the commission; provid[ed] standards of conduct for commissioners and employees of the commission, etc. APPROPRIATION: $2,100,000.” [Florida Senate, Accessed on 10/11/22; Florida Senate, S.B. 4-A]
2021: Ron DeSantis Signed Into Law Legislation That Revised Application Requirements For Operating Licenses To Conduct Pari-Mutuel Wagering, Banned Greyhound Permit-Holders From Conducting Live Racing, And Specified Authorized Gambling Practices In Accordance With The 2021 Gaming Compact With The Seminole Tribe. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 8-A, which “[r]evis[ed] the application requirements for an operating license to conduct pari-mutuel wagering for a pari-mutuel facility; prohibit[ed] greyhound permitholders from conducting live racing; specif[ied] that certain permitholders that do not conduct live racing or games retain their permit and remain pari-mutuel facilities; specif[ied] that, if such permitholder has been issued a slot machine license, the permitholder’s facility remains an eligible facility, continues to be eligible for a slot machine license, is exempt from certain provisions of ch. 551, F.S., is eligible to be a guest track, and, if the permitholder is a harness horse racing permitholder, is eligible to be a host track for intertrack wagering and simulcasting and remains eligible for a cardroom license, etc.” [Florida Senate, Accessed on 10/11/22; Florida Senate, S.B. 8-A]
- The Bill Made Modifications At Racetracks And Other Gaming Sites, Permitting Pari-Mutuel Facilities To Convert To Other Gambling Forms And Offering Balance From The Gambling Expansion Offered To The Seminole Tribe. According to Florida Politics, “The final proposal (SB 8A) will make changes at racetracks and other gaming sites, allowing pari-mutuel facilities to convert solely to other forms of gambling. That offers operators some balance to the expansion of gambling being offered to the Seminole Tribe.” [Florida Politics, 5/25/21]
2020: Ron DeSantis Signed Into Law The Keep Our Graduates Working Act, Which Prohibited Licensing Agencies From Denying A License Or Revoking A Professional License Based Solely On An Individual Defaulting On Their Student Loan Payments. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 115, which “prohibit[ed] any licensing department, board, or agency from denying a license, refusing to renew a license, or suspending or revoking a professional license based solely on an individual being delinquent on a payment or defaulting on his or her student loans.” [Florida Senate, Accessed on 9/13/22; Florida Senate, H.B. 115]
- The Legislation Prevented The State From Withholding Professional Licenses And Permits Based Solely On The Individual’s Defaults Or Delinquency On Paying Their Student Loans. According to Florida Politics, “Legislation to help graduates with student loan debt heads to Gov. Ron DeSantis’ desk after passing the Senate Wednesday. The ‘Keep Our Graduates Working Act,’ sponsored by Democratic Rep. Nicholas Duran and Republican Sen. Travis Hutson, would prevent the state from withholding professional licenses, certificates, and permits based solely on student loan delinquency or default.” [Florida Politics, 2/12/20]
- The Bill’s Purpose Was To Ensure Florida College Graduates Could Maintain Their Occupational Licenses. According to Florida Politics, “‘The purpose of this act is to ensure that Floridians who graduate from an accredited college or university can maintain their occupational licenses,’ according to the bill language.” [Florida Politics, 2/12/20]
- The Legislation Specifically Recognized Health Care Practitioners, Whose Occupational Licenses Could Have Been Revoked If They Had Defaulted On Their Student Loans. According to Florida Politics, “The proposal specifically names health care practitioners, whose licenses may be revoked if they default on student loans. Hutson, of Palm Coast, has noted the legislation came out of conversations with people in health care — specifically, nurses. Last week, he shared one anecdote of the Department of Health stripping the license of a practitioner whose loans defaulted.” [Florida Politics, 2/12/20]
2021: Ron DeSantis Signed Into Law Legislation That Prohibited Local Governments For Regulating Home-Based Businesses And Allowed Home-Based Businesses To Operate In Areas Zoned For Residential Use. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 403, which “preempt[ed] areas of regulation for home-based businesses to the state. It forbids counties and municipalities from enacting or enforcing any ordinance, regulation, or policy or take any action to license or otherwise regulate a home-based business in violation of the bill provisions. Currently, local governments regulate business activities conducted on residential property through ordinances that address ‘home occupations.’ The bill’s restrictions on local government home-based business regulations would cause existing local government ordinances inconsistent with the bill's prohibitions to become null and void by operation of law. The bill provide[d] that a home-based business may operate in an area zoned for residential use and may not be prohibited, restricted, regulated, or licensed in a manner different from other businesses in a local government's jurisdiction otherwise provided by the bill.” [Florida Senate, Accessed on 9/30/22; Florida Senate, H.B. 403]
- The Bill Expanded The Types Of Businesses That Could Be Considered As “Home-Based” And Preempted Local Government Regulations Over Home-Based Businesses, Bypassing Local Zoning Laws And Homeowners’ Association Rules. According to The Capitolist, “Seen as a victory for small business owners and aspiring entrepreneurs, Governor Ron DeSantis signed House Bill (HB) 403 into law last night. The bill broadens which businesses are considered ‘home-based’ and preempts local government regulation beyond standard zoning laws and homeowners’ association rules. It prevents local governments from creating regulations which vary from town to town and affects home-based businesses.” [The Capitolist, 6/30/21]
- Local Mayors And The Florida League Of Cities Urged Ron DeSantis To Veto The Bill, Arguing It Would Preempt Home Rule Authorities, The Ability For Localities To Balance Competing Property Rights, And Surpass Local Regulations Tailored To Specific Homeowner And Business Concerns. According to The Capitolist, “But local mayors and the Florida League of Cities were pushing the governor to veto the bill. The Florida League of Cities Executive Director Jeannie Garner wrote a letter to DeSantis asking for a veto. She said if the bill becomes law, it will significantly preempt Home Rule powers and the ability of local government to balance competing property rights. Additionally, the bill will void existing local ordinances or regulations that have tailored unique solutions to homeowner and business concerns.” [The Capitolist, 6/30/21]
2022: Ron DeSantis Vetoed The Local Business Protection Act, Which Would Have Allowed Businesses To Sue Local Governments If The Localities Passed Regulations That Made The Business Lose At Least 15% In Profits. In June 2022, according to the Florida Senate, Ron DeSantis vetoed Senate Bill 620, which would have “create[d] the ‘Local Business Protection Act.’ It create[d] a cause of action for an established business to recover loss of business damages from a county or municipality whose regulatory action has caused a significant impact on the business. Currently, landowners have a cause of action under the Bert J. Harris Act to compensate them for the lost value of their land caused by certain local government actions; landowners have a cause of action for onerous local regulation in the form of exactions; and business landowners have a cause of action under eminent domain law for business damages related to a taking of real property. Similarly, this bill create[d] a cause of action for a business to sue a local government when the enactment or amendment of an ordinance or charter provision causes at least a 15 percent loss of profits to the business. The business must have been in operation for at least 3 years to qualify. Business damages recoverable are the probable damages to such business which the application of the enactment or amendment of the ordinance or charter provision may reasonably cause. Numerous exceptions protect local governments. Notably, an ordinance or charter amendment in response to an emergency or that involves growth management, budget, or procurement matters, or one that promotes economic competition, do not lead to liability. A local government can also avoid liability by timely amending or repealing the local government actions causing business damages. A claimant must comply with a 180-day presuit notice and settlement period. Prevailing party attorney fees may be awarded.” [Florida Senate, Accessed on 10/12/22; Florida Senate, S.B. 620]
- The Bill Would Have Allowed Private Businesses To Sue Local Governments If They Passed Regulations That Would Reduce Their Profits By 15% And The Businesses Could Have Been Awarded Damages For Their Lost Profits For Up To Seven Years. According to Florida Politics, “Gov. Ron DeSantis vetoed SB 620 on Friday, a top priority of Senate President Wilton Simpson which sought to punish local governments for passing laws detrimental to local businesses. Dubbed the ‘Local Business Protection Act,’ SB 620 would have allowed a business to sue a city or county if they pass an ordinance that would reduce their profit by 15% per location within the city or county. The business could’ve been awarded damages for the cost of their lost profits for up to seven years.” [Florida Politics, 6/24/22]
2021: Ron DeSantis Signed Into Law The Combating Corporate Espionage In Florida Act, Which Created A New Second-Degree Felony For Trade Secret Trafficking And Enhanced The Penalty To A First-Degree Felony If The Crime Was Committed To Benefit A Foreign Government, Agent, Or Instrumentality. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1523, which “create[d] the ‘Combating Corporate Espionage in Florida Act’ within s. 812.081, F.S. The bill create[d], amend[ed], and reorganize[d] current definitions in s. 812.081(1), F.S. The bill amend[ed] the current third degree felony for theft of a trade secret to simplify language and move the offense from level 1 to level 3 on the offense severity ranking chart. The bill also create[d] a new second degree felony for trafficking in trade secrets. A person who traffics in, or attempts to traffic in trade secrets, commits the offense. Trafficking in trade secrets is a level 5 offense on the offense severity ranking chart. The bill add[ed] that if a person commits either of the felony offenses described above with the intent to benefit a foreign government, foreign agent, or foreign instrumentality, the offense is reclassified as one degree higher, and the reclassified offense is increased one level on the offense severity ranking chart. A court must order restitution if a person is convicted of violating s. 812.081, F.S., and the restitution must include the value of the benefit derived from the offense. The value of the benefit derived from the offense includes any expenses for research and design and other costs of reproducing the trade secret which the person has avoided by committing the offense. The bill also create[d] a civil cause of action for a victim of trade secret theft. The victim is entitled to injunctive relief and, where an injunction is not equitable, the victim is entitled to royalties. The bill create[d] a defense to criminal and civil liability for a person who confidentially discloses a trade secret to an attorney, law enforcement officer, or government official for purposes of reporting or investigating an offense. A disclosure made under seal in a legal proceeding is also protected.” [Florida Senate, Accessed on 10/6/22; Florida Senate, H.B. 1523]
- The Bill Created New Criminal Offenses For The Theft And Trafficking Of Trade Secrets, Making It A Second-Degree Felony If Someone Were To Steal Or Attempt To Steal A Trade Secret And Exploit It For Their Own Benefit Or A First-Degree Felony If The Law Was Violated On Behalf Of A Foreign Government. According to a press release from Governor Ron DeSantis, “Highlights of HB 1523 (Combatting Corporate Espionage in Florida Act): Creates new criminal offenses in Florida for the theft and trafficking of trade secrets. Anyone who willfully and without authorization steals or attempts to steal a trade secret and use it for their own benefit will now face a third-degree felony, punishable by up to 5 years in prison. Individuals attempting to sell stolen trade secrets will face a second-degree felony, punishable by up to 15 years in prison If an individual or entity violates this law on behalf of a foreign government, the penalties are severely enhanced — reclassifying the felony one degree higher and increasing the offense severity ranking.” [Press Release - Governor Ron DeSantis, 6/7/21]
- The Bill Updated Trade Secret Law And Made It A First-Degree Felony For Committing Trade Secret Theft For The Benefit Of A Foreign Government Or Company. According to Florida Politics, “Another bill passed by the House Wednesday (HB 1523), sponsored by Lithia Rep. Mike Beltran, takes aim at foreign governments by updating trade secret law. Under the bill, if trade secret theft is committed to benefit a foreign government or company, the offense would be a first-degree felony.” [Florida Politics, 4/14/21]
- The Bill Amended The Definitions And Crimes Of Trade Secret Theft, And Defined Trade Secrets To Be Confidential Business Information That Is Used To Keep An Advantage Over Competitors. According to Florida Politics, “Beltran’s bill would create the ‘Combating Corporate Espionage in Florida Act’ by amending current trade secret theft definitions and crimes. A trade secret is a formula, process, device, or other business information kept confidential to maintain an advantage over competitors.” [Florida Politics, 4/14/21]
- The Bill Established A Second-Degree Felony For Trafficking In Trade Secrets, But That Crime Would Be Reclassified To A First-Degree Felony If The Crime Was Committed To Help A Foreign Entity. According to Florida Politics, “The bill creates the crime of trafficking in trade secrets, a second-degree felony, which would be reclassified one degree higher if committed with intent to benefit a foreign government. About 80% of all economic espionage prosecutions brought by the U.S. Department of Justice allege conduct that would benefit the China.” [Florida Politics, 4/14/21]
- The Bill Gave Private Individuals And Corporations A Greater Ability To Seek Compensation In Court For Stolen Trade Secrets, And Gave Immunity To Individuals Who Disclosed A Trade Secret To Authorities During A Legal Investigation. According to Florida Politics, “The bill also allows private individuals and corporations greater ability to seek compensation in state court for stolen trade secrets, and offers immunity to a person who discloses a trade secret to authorities during an investigation or legal proceeding.” [Florida Politics, 4/14/21]
2022: Ron DeSantis Signed Into Law Legislation That Created A Public Records Exemption For Any Court Records In A Trust Law Case Involving A Family Trust Company, Licensed Family Trust Company, Or A Foreign Licensed Family Trust Company, With Certain Exceptions. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1304, which “create[d] a public records exemption for court records in a trust law case where a family trust company, licensed family trust company, or foreign licensed family trust company is a party. The court records of the case are not available for public inspection, but may be accessed by the settlor, a fiduciary or a beneficiary, and his or her attorney. The court may also allow access to a person who has a specific interest in the trust and who can show that there is a compelling need for access, subject to reasonable limitations on further distribution by the interested person.” [Florida Senate, Accessed on 10/26/22; Florida Senate, S.B. 1304]
2022: Ron DeSantis Signed Into Law Legislation That Amended Trust Law, Including To Extend The Alternative Perpetuities Limit On The Life Of A Trust And Non-Charitable Trusts To 1,000 Years And Expand The Representation By A Parent To Include The “Unborn Descendants Of An Unborn Child.” In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1368, which “amend[ed] trust law to: Extend the alternative perpetuities limit on the life of a trust from 360 years to 1,000 years for trusts created on or after the effective date of the bill. Allow family trust companies, licensed family trust companies, and foreign licensed family trust companies, to elect a simplified form of periodic accounting, provided that the accounting contains sufficient notice of trust assets, debts, and transactions during the accounting period. Allow, for family trust companies, licensed family trust companies, or foreign licensed family trust companies that are trustees of irrevocable trusts, the terms of such trusts to permit the accounting to the qualified beneficiaries only at the termination of the trust; upon the removal, resignation, or other event resulting in a trustee ceasing to serve as a trustee; or upon demand of a qualified beneficiary or the representative of a qualified beneficiary. Simplify, for family trust companies, licensed family trust companies, and foreign licensed family trust companies, service of trust notices furnished by e-mail, including waiver of the current law requirement that the recipient annually agree to electronic notice. Expand the scope of representation by a parent to include unborn descendants of an unborn child. Extend the allowable life of a noncharitable trust to 1,000 years. Extend the authority of a trust to reimburse the grantor for certain tax liabilities to apply to a trust formed under the laws of a foreign jurisdiction if the trust has a principal place of administration in this state.” [Florida Senate, Accessed on 10/26/22; Florida Senate, S.B. 1368]
2021: Ron DeSantis Signed Into Law Legislation That Reformed Florida’s Workforce System By Creating The Office Of Remaining Education And Career Help And Revising Other Workforce Services And Initiatives. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1507, which “[c]reate[d] Office of Reimagining Education and Career Help; create[d] & revise[d] provisions relating to workforce services including the Labor Market Estimating Conference, workforce opportunity portal, state board composition, Credentials Review Committee, state plan requirements, waivers, local workforce development boards, Master Credentials List, CAPE Industry Certification Funding List, industry certifications, SEAS program, workforce development metrics, Florida Talent Development Council, Open Door Grant Program, preapprenticeship & apprenticeship program grants, Money-back Guarantee Program, automated consumer-first workforce system, career & education planning courses, digital credential courses, & student career service centers.” [Florida Senate, Accessed on 10/6/22; Florida Senate, H.B. 1507]
- South Florida Sun Sentinel: The Bill Was Aimed To “Rework” Florida’s “Entire Workforce System,” By Establishing The Office Of Remaining Education And Career Help To Assist In The Coordination Of Governmental Entities Responsible For The Workforce Development System. According to the South Florida Sun Sentinel, “Gov. Ron DeSantis on Thursday signed three bills aimed at bolstering workforce education, saying Floridians don’t need degrees from four-year ‘brick-and-ivy’ universities to find success. The most wide-ranging of the bills (HB 1507) was a priority of House Speaker Chris Sprowls, R-Palm Harbor. Sprowls said the 118-page piece of legislation stands to ‘rework our entire workforce system.’ The bill will establish what’s called the Office of Reimagining Education and Career Help within the governor’s office ‘to facilitate alignment and coordination of entities responsible for the state’s workforce development system.’” [South Florida Sun Sentinel, 6/24/21]
- The Bill Required State Colleges To Reimburse Tuition To Graduates Who Are Not Able To Find Employment Within Six Months Of Graduating From Certain Workforce Programs. According to the South Florida Sun Sentinel, “Also under the measure, state colleges will be required to refund the costs of tuition for graduates who aren’t able to find jobs within six months of graduating from certain workforce-related programs.” [South Florida Sun Sentinel, 6/24/21]
2021: Ron DeSantis Signed Into Law Legislation That Provided $2 Million For Students To Be Covered By The Workers’ Compensation Insurance Of Their Internship Or Apprenticeship, Required The Development Of “Pathways To College Credit” Programs, And Revised Workforce Program Into The Florida Ready To Work Credential Program, With The Purpose Of Enhancing Employability Skills Of Floridians. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 366, which “enhance[d] work-based learning opportunities for students. The bill provide[d]: That a student 18 years of age or younger who is in a paid work-based learning opportunity must be covered by the workers’ compensation insurance of his or her employer. That a student 18 years of age or younger who is providing unpaid services under a work-based learning opportunity provided by a school district or Florida College System (FCS) institution is considered to be employed by the school district or FCS institution. Authority for the Department of Education (DOE) to reimburse employers, including school districts and FCS institutions, for the proportionate cost of workers’ compensation insurance premiums for students in work-based learning opportunities in accordance with DOE rules, and appropriates $2 million to the DOE for this purpose. The bill require[d] the development of pathways to college credit programs. Specifically, the bill Require[d] the State Board of Education to develop, by January 31, 2022, alternative methods for assessing communication and computation skills. FCS institutions and dual enrollment programs may use a common placement test or the developed alternative methods for admissions and program eligibility. Require[d] a representative committee of public postsecondary institutions to identify three mathematics pathways aligned to programs, meta-majors, and careers. The bill authorize[d] an institution to participate in the Florida Postsecondary Student Assistance Grant (FSAG) Postsecondary program if the institution is an aviation maintenance school in Florida, is certified by the Federal Aviation Administration, and is licensed by the Commission for Independent Education. The bill rename[d] the Florida Ready to Work Certification Program as the Florida Ready to Work Credential Program (Credential Program) and revise[d] the purpose of the program to enhance the employability skills of Floridians and to better prepare them for successful employment. Specifically, the bill remove[d] the award of scaled-level credentials and require[d]: The Department of Economic Opportunity (DEO) and the DOE to conduct a comprehensive identification of employability skills currently in demand by employers. An employability credential to be awarded to a Credential Program participant who successfully passes assessments which measure the employability skills identified by DEO and DOE.” [Florida Senate, Accessed on 10/6/22; Florida Senate, S.B. 366]
- In Part, The Bill Provided Workers’ Compensation Insurance Reimbursement To Companies And Businesses That Had Unpaid Interns And Apprentices Under The Age Of 18. According to the South Florida Sun Sentinel, “The governor also signed a bill (SB 366) that, in part, aims to provide workers’ compensation insurance reimbursements to companies that hire students 18 years old or younger for unpaid internships and apprenticeships.” [South Florida Sun Sentinel, 6/24/21]
¶ CIVIL RIGHTS AND LIBERTIES
¶ PROHIBITING ANTI-SEMITISM IN SCHOOLS AND SPEECH AGAINST ISRAEL
2019: Ron DeSantis Signed Into Law Legislation That Prohibited Discrimination On The Basis Of Religion In Public Schools And Universities, Required Schools To Treat Anti-Semitic Discrimination To Race Discrimination, And Banned Certain Speech Against The State Of Israel. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 741, which “prohibit[ed] discrimination on the basis of religion in the K-20 public school system. Additionally, the bill require[d] public K-20 educational institutions to treat discrimination ‘by students or employees or resulting from institutional policies motivated by anti-Semitic intent in an identical manner to discrimination motivated by race.’” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 741]
- The Bill Prohibited Anti-Semitic Speech In Public Schools And Universities By Adding Religion As A Protected Class Regarding Discrimination Against Students And Faculty. According to the Tampa Bay Times, “Flanked by Florida elected officials in Israel, Gov. Ron DeSantis on Wednesday ceremonially signed a measure that prohibits anti-Semitic speech in the state’s public schools and universities. The proposal will add religion as a protected class when it comes to discrimination against students and employees. Currently, people are protected from discrimination based on race, ethnicity, national origin, gender, marital status or disability.” [Tampa Bay Times, 5/29/19]
- The Bill Defined Anti-Semitism To Also Include Accusation Of Jewish Citizens Of Being More Loyal To The Israel Than The U.S. According to the Tampa Bay Times, “The bill (HB 741) also defines anti-Semitism as ‘accusing Jewish citizens of being more loyal to Israel, or the alleged priorities of Jews worldwide, than to the interest of their own nations.’” [Tampa Bay Times, 5/29/19]
- The Bill Banned Certain Speech Against Israel On Campuses, Prohibiting Holding Israel To A Double Standard By Requiring Behavior That Is Not Expected Of Other Democratic Nations Or Focusing On Human Rights Concerns Only On Israel. According to the Tampa Bay Times, “The measure will also ban certain speech against the state of Israel on campuses, such as ‘applying a double standard to Israel by requiring behavior of Israel that is not expected or demanded of any other democratic nation, or focusing peace or human rights investigations only on Israel.’” [Tampa Bay Times, 5/29/19]
- The Bill Allowed Criticism Of Israel Only If It Is Similar To Criticism Toward Other Countries. According to the Tampa Bay Times, “The proposal aimed at curbing anti-Semitism, however, makes clear criticism of Israel is allowed, if it is ‘similar to criticism toward any other country.’” [Tampa Bay Times, 5/29/19]
¶ RESTRICTING SCHOOL AND WORKPLACE DIVERSITY TRAININGS
2022: Ron DeSantis Signed Into Law The Stop WOKE Act, Which Prohibited Public Schools And Workplaces From Mandating Trainings That Would Shame Or Guilt Individuals Of Their Race, Sex, Color Or National Origin And Prohibited Indoctrinating Individuals Over Privileges And Oppression. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 7, which in part “specifie[d] that subjecting any individual, as a condition of employment, membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any other required activity; or subjecting any K-20 public education student or employee to training or instruction, that espouses, promotes, advances, inculcates, or compels such individual to believe the following concepts constitutes an unlawful employment practice or unlawful discrimination: Members of one race, color, national origin, or sex are morally superior to members of another race, color, national origin, or sex. A person, by virtue of his or her race, color, national origin, or sex is inherently racist, sexist, or oppressive, whether consciously or unconsciously. A person's moral character or status as either privileged or oppressed is necessarily determined by his or her race, color, national origin, or sex. Members of one race, color, national origin, or sex cannot and should not attempt to treat others without respect to race, color, national origin, or sex. A person, by virtue of his or her race, color, national origin, or sex bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, national origin, or sex. A person, by virtue of his or her race, color, national origin, or sex should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion. A person, by virtue of his or her race, color, sex, or national origin, bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the person played no part, committed in the past by other members of the same race, color, national origin, or sex. Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, national origin, or sex to oppress members of another race, color, national origin, or sex. However, training or instruction may include a discussion of such concepts if they are presented in an objective manner without endorsement.” [Florida Senate, Accessed on 10/13/22; Florida Senate, H.B. 7]
- Attempting To Combat “Corporate Wokeness” And Critical Race Theory In One Bill, The Legislation Prevented “Discriminatory Instruction In The Workplace And In Public Schools” And Provided That Individuals Freedoms Were Based On The Fact That All People Are Equal And Have Inalienable Rights. According to a press release from Governor Ron DeSantis, “Today, Governor Ron DeSantis signed House Bill (HB) 7, to give businesses, employees, children and families tools to stand up against discrimination and woke indoctrination. The bill includes provisions to prevent discriminatory instruction in the workplace and in public schools and defines individual freedoms based on the fundamental truth that all individuals are equal before the law and have inalienable rights. This legislation is the first of its kind in the nation to take on both corporate wokeness and Critical Race Theory in schools in one act.” [Press Release - Governor Ron DeSantis, 4/22/22]
- The Bill Specified As Unlawful Discrimination The Subjugation Of Employees Or Students To Required Activities That Promote Or Compel Individuals To Believe “Discriminatory Concepts.” According to a press release from Governor Ron DeSantis, “HB 7 protects civil rights in employment and K-20 education by specifying that subjecting an employee or student to a required activity that promotes, advances, or compels individuals to believe discriminatory concepts, constitutes unlawful discrimination.” [Press Release - Governor Ron DeSantis, 4/22/22]
- The Bill Prohibited Trainings That Could Make Someone Feel Guilty Or Ashamed About Their Race’s Or Sex’s Past Collective Actions. According to the Washington Post, “The measure prohibits trainings that cause someone to feel guilty or ashamed about the past collective actions of their race or sex, and its passage clears the way for Gov. Ron DeSantis (R) to sign one of his top legislative priorities into law.” [The Washington Post, 3/10/22]
- The Bill Aimed To Restrict Racial Sensitive And Bias Training In Workplaces, And Republican Legislators Accused Companies Like American Express, Google And Coca-Cola Of Training Their Employees To Be “Less White.” According to Politico, “For the workplace, the legislation is geared toward reigning in how companies lead racial sensitivity and bias training. Republican lawmakers throughout session called out companies such as American Express, Google and Coca-Cola, which hosted a training urging its employees to be ‘less white.’” [Politico, 3/10/22]
- Several Companies Denounced The Bill, Arguing It Would Hinder Their Business Operations And Force Them To Rescind “Meaningful” Trainings While Making It More Difficult To Recruit Workers. According to Politico, “Numerous companies, including Ben & Jerry’s Homemade, Inc. and H&M U.S., and local chambers of commerce have denounced the bill, suggesting it could ‘wreak havoc on business operations’ and force them to drop ‘meaningful’ trainings for fear of ‘frivolous’ lawsuits while making it harder to recruit employees.” [Politico, 3/10/22]
2021: Ron DeSantis Signed Into Law Legislation That Prohibited DNA Collection, Retention, Analysis, And Disclosure Of Analysis Results Without Expressed Consents. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 833, which “[p]rohibit[ed] DNA analysis & disclosure of DNA analysis results without express consent; remove[d] criminal penalties; prohibit[ed] collection or retention of DNA sample of another person without express consent for specified purposes; prohibit[ed] specified DNA analysis & disclosure of DNA analysis results without express consent; provide[d] criminal penalties.” [Florida Senate, Accessed on 10/4/22; Florida Senate, H.B. 833]
- The Protecting DNA Privacy Act Applied To The “Collection, Use, Retention, Maintenance And Disclosure Of A DNA Sample Collected” From A Person In Florida And The Analysis Results. According to Expert Analysis - Law360 via Nexis, “On June 29, Florida Gov. Ron DeSantis signed into law H.B. 833, known as the Protecting DNA Privacy Act. The act took effect on Oct. 1, and applies to the collection, use, retention, maintenance and disclosure of a DNA sample collected from an individual in Florida as well as the results of any subsequent DNA analysis. The act is self-executing and took effect without the need for creation of implementing regulations.” [Expert Analysis - Law360 via Nexis, 10/4/21]
- The Bill Clarified The Extent To Which People Own Their Genetic Information And Established New Crimes For The Illegal “Collection, Retention, Analysis, Disclosure Or Sale Of An Individual’s DNA Sample” And The DNA Analysis Results, With Exemptions To Specified Clinical Or Research Purposes. According to Expert Analysis - Law360 via Nexis, “The act clarifies the extent to which individuals own their genetic information, and it creates new crimes for the unlawful collection, retention, analysis, disclosure or sale of an individual’s DNA sample and the results of a DNA analysis, subject to certain limited exemptions, such as use for specified clinical or research purposes.” [Expert Analysis - Law360 via Nexis, 10/4/21]
- The Bill Established Critical Implications For Secondary Data Uses Of DNA By Health Care Providers And Others That Conduct Genetic Testing And Study Genetic Information. According to Expert Analysis - Law360 via Nexis, “The act also has important implications for secondary uses of data by health care providers and others that perform genetic testing and analyze genetic information.” [Expert Analysis - Law360 via Nexis, 10/4/21]
- The Bill Prevented The Secretive DNA Sample Collection Or Analysis And Created A Separate Criminal Penalty For Each Unlawful Act Of Collecting, Maintaining, Analyzing, Disclosing Or Selling A Person’s DNA Without Their Consent. According to Expert Analysis - Law360 via Nexis, “The act seeks to prevent the surreptitious collection or analysis of a DNA sample.[3] It establishes a separate criminal penalty for each instance of intentional collection, retention, maintenance, submission for analysis, performance of analysis, disclosure or sale of an individual’s DNA without his or her express consent.” [Expert Analysis - Law360 via Nexis, 10/4/21]
2019: Ron DeSantis Signed Into Law Legislation That Banned Local Governments From Regulating The Removal Of Trees On Residential Property And Requiring Property Owners To Replant Trees, With The Exception Of Mangrove Trees. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 1159, which “prohibit[ed] a local government from requiring a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the tree presents a danger to persons or property, as documented by a certified arborist or licensed landscape architect. A local government may not require a property owner to replant a tree that has been pruned, trimmed, or removed in accordance with the bill provisions. The bill does not apply to mangrove trees, which the trimming and alteration of is regulated statewide by the Department of Environmental Protection.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 1159]
- The Bill Allowed Property Owners To Prune, Trip, Or Remove Trees From Their Property Without Permit Or Application From Local Governments, And The Bill Was Aimed To Strengthen “Property Owner’s Rights Against Local Government Overreach.” According to Spectrum News 13, “The initial bill HB 1159, or ‘Private Property Rights,’ was sponsored by State Rep. Mike La Rosa. It allows homeowners to prune, trim, or remove trees without permit or application from local governments. In a statement to Spectrum News 13, La Rosa said: ‘I am proud to have sponsored HB 1159, as it strengthens property owner’s rights against local government overreach. With hurricane season approaching, this also will allow Florida homeowners to rid themselves of certifiably dangerous trees, which could damage their homes in the event of a storm or high winds.’” [Spectrum News 13, 7/9/19]
2021: Ron DeSantis Signed Into Law Legislation That Amended The Procedures And Remedies For Property Owners Whose Property Was Burdened By Local Government Regulation - Including Having The Court, Rather Than The Jury, Determine Damages - And Reduced The Time Period In Which A Claimant Must Notify The Government Before Filing The Claim. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 421 and House Bill 1101, which “amend[ed] the Bert J. Harris, Jr., Private Property Rights Protection Act and the Florida Land Use and Environmental Dispute Resolution Act. Both acts provide procedures and remedies to land owners whose property is inordinately burdened by a local government regulation. In the Bert Harris Act, the definitions of an ‘action of a governmental entity’ is revised to include government actions that affect ‘real property including acting on an application or permit or adopting or enforcing any ordinance, resolution, regulation, rule, or policy.’ The term ‘real property’ [was] amended to mean, in part, land and any surface, subsurface, or mineral estates and any appurtenances and improvements to the land, including other relevant interests. The bill also revise[d] the definition of ‘land’ or ‘real property’ in The Florida Land Use and Environmental Dispute Resolution Act to match, by cross-reference, the newly amended definition of real property in the Bert Harris Act. Additionally, the bill revise[d] the Bert Harris Act to: Reduce the timeframe under which a claimant must notify the government before filing an action for compensation; Specify that written settlement offers are presumed to protect the public interest; Allow the claimant to have the court, rather than a jury, determine damages; Extend the point in time from which a prevailing claimant may recover attorney fees and costs; and Authorize a property owner to pursue a claim for compensation in certain circumstances without first formally pursuing an application for a development order, development permit, or building permit when doing so is deemed to constitute a waste of resources.” [Florida Senate, Accessed on 9/30/22; Florida Senate, H.B. 421 & H.B. 1101]
- The Bills Made It Easier For Property Owners To Challenge Local Government Regulations That Burdened Their Private Property. According to Lowndes via JD Supra, “Local governments may face challenges as a new proposed legislation regarding relief from burdens on real property rights awaits the approval of Governor DeSantis. An amendment to the Bert Harris Act, CS/CS for HB 421 & HB 1101, was passed by the House on April 21, 2021, and amended on April 28, 2021. The new legislation makes it easier for property owners to challenge local government regulation that burdens, restricts or limits their property. The bill is scheduled to go into effect October 1, 2021, subject to the Governor’s veto powers.” [Lowndes via JD Supra, 6/18/21]
- The Bills Were At The Advantage Of Private Property Owners, Increased Attorney Fees And Costs Required For Local Governments, And Allowed Property Owners In Certain Circumstances To Continue To Pursue A Claim After Relinquishing Title To The Real Property. According to Lowndes via JD Supra, “While the trend in litigation has resulted in numerous favorable rulings for local governments, implications of this bill include an increase in government liability in favor of property owners, causing an ‘indeterminate negative fiscal impact’ on government entities.v The bill makes it easier for property owners to challenge local government regulation that burdens their property, increases attorney fees and costs that a local government must pay (hundreds of thousands of dollars in legal fees), and in some circumstances, allows a property owner to continue pursuing a claim under the Act after relinquishing title to the real property.vi Conversely, the bill positively impacts private property owners by simplifying the procedural process for establishing a Bert Harris claim.” [Lowndes via JD Supra, 6/18/21]
2022: Ron DeSantis Signed Into Law Legislation That Considered Religious Institutions Essential Services And Prohibited Emergency Orders From Restricting Religious Services Or Activities. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 254, which “create[d] s. 252.64, F.S., for the protection of religious institutions when an emergency order has been issued. CS/SB 254 include[d]: For the application of emergency orders, CS/SB 254 defines a ‘religious institution’ in the same manner as under s. 496.404, F.S. An emergency order issued under this part cannot directly or indirectly prohibit religious services or activities. However, a general provision in an emergency order which applies uniformly to all entities in the jurisdiction may be applied to a religious institution if: The provision is in furtherance of a compelling governmental interest; and The provision is the least restrictive means of furthering that compelling governmental interest.” [Florida Senate, Accessed on 10/17/22; Florida Senate, S.B. 254]
- In Response To The COVID-19 Pandemic, The Bill Defined Places Of Worship As “Essential Services” To Ensure That State And Local Governments Permit Religious Events To Continue During States Of Emergencies, Unless The Government Were To Mandate That All Governmental And Business Entities To Halt Their Activities. According to Florida Politics, “In yet another pandemic-inspired measure, Gov. Ron DeSantis has signed a bill making church doors the last to shutter during an emergency lockdown. On Friday, Florida’s Republican Governor signed the measure (SB 254), which deems houses of worship ‘essential services.’ During states of emergency, the state and local governments must allow religious events and activities to continue unless the government requires all entities, like businesses and government offices, to cease activities or close their doors. While the law won’t force churches, synagogues, mosques and other houses of worship to stay open during future crises, proponents say it will give the institutions the freedom to respond how they choose. The law will take effect Friday, July 1.” [Florida Politics, 6/27/22]
- Under The DeSantis Administration, Florida Deemed Places Of Worship As “Essential Services” During The COVID-19 Pandemic Closures. According to Florida Politics, “Under DeSantis, Florida was one of a dozen states to deem houses of worship essential during the state’s stay-at-home order in the early months of the COVID-19 pandemic.” [Florida Politics, 6/27/22]
2019: Ron DeSantis Signed Into Law Legislation That Established The Women’s Suffrage Centennial Commission For The Observance Of The Centennial Of Women’s Suffrage In 2020. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1306, which “create[d] s. 267.0618, F.S., to establish a 19-member Women’s Suffrage Centennial Commission for the purpose of ensuring a suitable statewide observance of the centennial of women’s suffrage in 2020. The commission may establish a youth working group to advise and provide recommendations to the commission in fulfilling its duties. The commission is created adjunct to the Department of State and, except as otherwise provided in the bill, must operate in a manner consistent with s. 20.052, F.S. The bill provide[d] for the expiration of the commission on December 31, 2020. The Department of State will incur costs associated with supporting the commission, including the costs of per diem and travel by the commission members.” [Florida Senate, Accessed on 8/23/22; Florida Senate, S.B. 1306]
¶ NO-FAULT AUTO INSURANCE LAW REPEAL AND REPLACEMENT
2021: Ron DeSantis Vetoed Legislation That Would Have Repealed Florida’s Motor Vehicle No-Fault Law And Replaced The No-Fault Law With Fault-Based System With Revised Minimum Liability Coverage Requires For Motor Vehicle Owners Or Operators. In June 2021, according to the Florida Senate, Ron DeSantis vetoed Senate Bill 54, which would have “[r]epeal[ed] provisions which comprise the Florida Motor Vehicle No-Fault Law; revis[ed] the motor vehicle insurance coverages that an applicant must show to register certain vehicles with the Department of Highway Safety and Motor Vehicles; revis[ed] minimum liability coverage requirements for motor vehicle owners or operators; revis[ed] financial responsibility requirements for owners or lessees of for-hire passenger transportation vehicles; provid[ed] an exception to the circumstances under which a person who is damaged may bring a civil action against an insurer, etc. APPROPRIATION: $83,651.” [Florida Senate, Accessed on 10/11/22; Florida Senate, S.B. 54]
- Ron DeSantis Said He Vetoed The Bill Over Concerns That The Bill’s Requirements Would Have Increased Costs For Low-Income Floridians And That The No-Fault Repeal Could Have Unforeseen Impacts On The Insurance Market And Consumers. According to News Channel 7 WJHG, “The decision came down to concerns the new requirements would have raised costs on Floridians who could least afford it. DeSantis cited concerns the no-fault repeal could have had unintended consequences on the insurance market and consumers in his veto letter.” [News Channel 7 WJHG, 6/30/21]
- Florida Consumer Action Network Argued That While Minimum Coverage Would Have Been More Expensive, Average Policy Holders Would Have Saved $300 Per Year While Getting Better Insurance Coverage. According to News Channel 7 WJHG, “But Bill Newton with the Florida Consumer Action Network argued while those with the least coverage would have paid more, the average policy holder would have seen a cost savings of $300 a year. ‘They would have paid more, but they would have gotten better insurance,’ Newton said.” [News Channel 7 WJHG, 6/30/21]
- With The Bill Vetoed, Floridians Would Continue To Pay The Nation’s Highest Premiums For Full Auto Insurance Coverage, Including A Minimum Of $10K In Personal Protection Coverage Under The No-Fault Law. According to News Channel 7 WJHG, “And until there is some effective reform passed, Floridians can likely expect to continue paying the highest premiums in the nation for full auto insurance coverage. Under the state’s no-fault law drivers must carry a minimum of $10,000 in personal injury protection coverage.” [News Channel 7 WJHG, 6/30/21]
2019: Ron DeSantis Signed Into Law Legislation That Made Permanent A Public Records Exemption For Personal Information Derived From Family Trust Fund Applicants, Registrations, Certifications, And Examinations, Including Shareholder Names. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7033, which “amend[ed] s. 662.148, F.S., to remove the repeal date for the current exemption from public records disclosure for certain information relating to family trust companies held by the Office of Financial Regulation. Family trust companies provide trust company services to high net worth families. They are not allowed to provide services to the general public. The Office of Financial Regulation’s regulatory role is limited to ensuring that fiduciary services are not provided to the general public unless the family trust company desires more regulation. Section 662.148, F.S., provides that personal identifying information contained in family trust company applications, registrations, certifications, and examinations is confidential and exempt from public disclosure. It also provides that family trust company shareholder or member names are confidential and exempt. The exemption is scheduled to repeal on October 2, 2019. The Legislature made such personal identifying information confidential and exempt because disclosure of financial information and names of family members, qualified participants, and shareholders of family trust companies could jeopardize the financial safety of the family members. Families with a high net worth are frequently the targets of criminals and placing family personal identifying information into the public domain would increase the risk that a family could become the target of criminal activity. This bill remove[d] the scheduled repeal and ma[de] the exemption permanent.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 7033]
2019: Ron DeSantis Signed Into Law Legislation That Made Permanent A Public Records Exemption For Personal Medical And Financial Information Collected During An Investigation By The Office Of Financial Regulation. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7049, which “continue[d] the public records exemption for information collected in connection with an investigation or examination conducted by the Office of Financial Regulation, pursuant to the Florida Consumer Collection Practices Act, by removing the October 2, 2019, repeal date. The continuation of the public records exemption will prevent the release of sensitive personal medical information and financial information of individuals.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 7049]
2021: Ron DeSantis Signed Into Law Legislation That Established A Third Degree Felony For Making Or Disseminating A False Or Misleading Statement Over The Effectiveness Or Availability Of Personal Protective Equipment (PPE) Or The COVID-19 Vaccine With The Intent To Defraud People. In May 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 9, which “provide[d] that it is a third degree felony to knowingly and willfully make a materially false or misleading statement or to knowingly and willfully disseminate false or misleading information relating to the characteristics, authenticity, effectiveness, or availability of personal protective equipment in any marketing or advertising material; on a website, social media platform, or other media; or by telephone, text message, mail, or e-mail, with the intent to obtain or receive any money or other valuable consideration. The bill also provide[d] that it is a third degree felony to knowingly and willfully make a materially false or misleading statement or to knowingly and willfully disseminate false or misleading information regarding the availability of, or access to, a vaccine for the novel coronavirus ‘COVID-19’ or a vaccine for any other pandemic disease in any marketing or advertising material; on a website, social media platform, or other media; or by telephone, text message, mail, or e-mail, with the intent to obtain another person’s personal identification information, or to obtain or receive any money or other valuable consideration. A second or subsequent violation of the previously-described offenses is a second degree felony. Prosecution for either offense may be brought on behalf of the state by any state attorney or by the statewide prosecutor. Further, if the Attorney General reasonably believes that a person has committed either offense, the Attorney General may institute a civil action for a violation or to prevent a violation. An action for relief may include a permanent or temporary injunction, a restraining order, or any other appropriate order. The bill also amend[ed] the offense severity level ranking chart of the Criminal Punishment Code to rank the new offenses.” [Florida Senate, Accessed on 9/28/22; Florida Senate, H.B. 9]
- The Bill Created Criminal Penalties And Authorized Civil Remedies From Frauds That Required Money In Exchange For Vaccines Or Personal Protective Equipment. According to Florida Politics, “The Representative’s proposal establishes criminal penalties and authorizes civil remedies from fraud as consumers seek vaccines or to send personal protective equipment during a pandemic. Officials at all levels of government have been warning people about scams promising vaccines or PPE in exchange for money, Zika said.” [Florida Politics, 3/5/21]
- The Bill Enhanced Penalties Against Fraudulent Websites And COVID-19 Ploys And Banned Dissemination Of False Or Misleading Information Regarding The COVID-19 Vaccine Or PPE With Fraudulent Intent. According to Florida Politics, “The bill would stiffen penalties against fake websites and fraudulent COVID-19 ploys. In many instances, swindlers offer vaccine access in exchange for money. It also would prohibit the dissemination of false or misleading vaccine or PPE information with intent to defraud.” [Florida Politics, 3/5/21]
2021: Ron DeSantis Signed Into Law Legislation That Required Consumers’ Written Consent Before Telemarketers Could Make Contact If The Calls Were Made With Automated Machines, Prohibited Telemarketers From Calling Consumers Outside Of The Hours Between 8 AM And 8 PM, And Prohibited Telemarketers From Contacting Consumers Over Three Times In 24 Hours. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1120, which “require[d] all sales telephone calls, text messages, and direct-to-voicemail transmissions to have the receiving consumer’s prior express written consent if the call will be made using an automated machine to dial the recipient’s phone number, or will play a recorded message upon connection with the recipient. The bill create[d] a rebuttable presumption that a sales call made to a Florida area code is made either to a Florida resident or to a person in this state at the time of the call. The bill create[d] a private right of action to enforce the above provisions. An aggrieved party may petition a court to enjoin the violating party. A prevailing plaintiff may recover the greater sum of either their actual monetary damages or $500. Additionally, a court may increase damages by up to three times, for a willful or knowing violation. The bill amend[ed] the Florida Telemarketing Act to prohibit telephone sellers or salespersons from calling consumers outside of the hours between 8 a.m. and 8 p.m. in the consumer’s time zone, and prohibits telephone sellers or salespersons from contacting consumers on the same subject matter more than three times in a 24-hour period. The bill clarifie[d] that calls made through an automated dialer or recorded message are subject to the same prohibitions. The bill also create[d] a crime punishable as a second-degree misdemeanor that prohibits telephone sellers or salespersons from using technology that displays a spoofed phone number in order to conceal the caller’s identity from the call recipient.” [Florida Senate, Accessed on 10/5/22; Florida Senate, S.B. 1120]
2021: Ron DeSantis Signed Into Law Legislation That Established Civil Liability Protections For Individuals, Businesses, Governmental Entities And Other Organizations Against COVID-19 Exposure Claims. In March 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 72, which “create[d] civil liability protections for individuals, businesses, governmental entities, and other organizations against COVID-19-related claims. The bill provide[d] lesser liability protections to health care providers, who are defined in the bill, and provide[d] procedures for civil actions against them.” [Florida Senate, Accessed on 9/29/22; Florida Senate, S.B. 72]
- The Bill Shielded Businesses, Non-Profit Organizations, Schools, And Governmental Entities From Civil Lawsuits Related To COVID-19 Contagions, Injury, Or Death And Established “Higher-Than-Usual Legal Hurdles.” According to Bloomberg Law, “The legislation, SB 72, would shield businesses, nonprofits, schools, and government entities from civil lawsuits related to Covid-19 damages, injury, or death. A plaintiff’s case could proceed to trial only if they could clear a set of higher-than-usual legal hurdles, including the submission of a doctor’s signed statement attesting to their claim of virus exposure.” [Bloomberg Law, 3/26/21]
- The Florida Shield Law Established High Legal Hurdles For A Plaintiff To Sue In Court By Requiring Them To Present A Doctor’s Note Certifying The Person’s Claim That They Were Exposed To COVID-19 At A Specific Location. According to Bloomberg Law, “Other critics, such as Florida state Rep. Geraldine Thompson (D), said the measures unreasonably limit people’s access to the courts. The Florida law sets up particularly high legal hurdles for a plaintiff to bring a lawsuit, as they would need to present a doctor’s written statement attesting to the person’s claim of virus exposure at a specific location.” [Bloomberg Law, 6/8/21]
- The Bill Made It Harder For Individuals To Sue Businesses, Governments, And Medical Companies For COVID-19 Exposure Claims. According to the Tampa Bay Times, “The Florida Senate on Thursday passed a sweeping measure that would make it harder to sue businesses, governments and health care companies for COVID-19-related claims.” [Tampa Bay Times, 3/18/21]
- The Bill Required Plaintiffs To Provide “Clear And Convincing Evidence” That An Institution Acted With “Gross Negligence” Regarding COVID-19 Exposures. According to the Tampa Bay Times, “The bill would make plaintiffs provide ‘clear and convincing evidence’ that a business, government, school or religious institution acted with ‘gross negligence’ relating to COVID-19.” [Tampa Bay Times, 3/18/21]
2021: Ron DeSantis Signed Into Law Legislation That Established Liability Protections For Private And Public Educational Institutions For COVID-19 Pandemic Issues, And Especially Shielded The Institutions From Lawsuits That Sought Reimbursement Of Tuition And Fees. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1261, which “provide[d] liability protections for educational institutions for actions related to the COVID-19 pandemic. Specifically, the bill: Define[d] an educational institution as a preschool through secondary school, or postsecondary school, whether public or nonpublic. The Board of Governors (BOG) of the State University System and the State Board of Education (SBE) are also included within these immunity protections. Extend[ed] the protections to an educational institution that has taken reasonably necessary actions, such as providing online instruction or modifying services, in compliance with federal, state, or local guidance to diminish the impact or the spread of COVID-19 and provides specified immunity relating to such actions. The bill specifie[d] that in any action against an educational institution, the BOG, or the SBE for the reimbursement of tuition or fees, certain documents and publications of the institution are not evidence of an express or implied contract to provide in-person or on-campus education and related services or access to facilities during the COVID-19 public health emergency. The bill specifie[d] that to bring an action against an educational institution for compliance with a federal, state, local, BOG, or SBE order or directive to alter the mode of instruction, the burden of proof must be clear and convincing evidence for damages against the institution.” [Florida Senate, Accessed on 10/6/22; Florida Senate, H.B. 1261]
- The Bill Expanded On The Legislature’s Push To Create Coronavirus Liability Protections By Shielding Colleges From Lawsuits Seeking Reimbursements Due To Disruptions Caused By The COVID-19 Pandemic. According to the Tampa Bay Times, “Florida lawmakers have reached a compromise on a wide-ranging higher education bill that would create several tuition breaks for college students and would expand on the Legislature’s push to provide coronavirus liability protections. The legislation, passed unanimously by the Senate on Tuesday, would shield public and private universities from lawsuits seeking tuition and fee reimbursements as a result of pandemic-related school disruptions — and could do away with about 24 lawsuits filed in Florida against higher-education institutions.” [Tampa Bay Times, 4/27/21]
- The Bill Shielded Public And Private Higher Education Institutions From Lawsuits That Seek Tuition And Fee Reimbursements, Thus Students Who Felt Unsatisfied With Their College Experience Would Not Have Recourse. According to the Tampa Bay Times, “In the higher-education bill, House and Senate leaders have agreed to shield public and private universities and colleges from lawsuits that seek tuition or fee reimbursements. The protections would offer no recourse to students who feel they didn’t get the full education experience they anticipated.” [Tampa Bay Times, 4/27/21]
- From March 2020 To April 2021, 24 Lawsuits Were Filed Against Higher Education Institutions Seeking Tuition And Fee Reimbursements In Florida. According to the Tampa Bay Times, “About 24 lawsuits seeking tuition and fee refunds from higher education institutions have been filed in Florida since the start of the pandemic last March, according to an online tracker from the law firm Bryan Cave Leighton Paisner.” [Tampa Bay Times, 4/27/21]
- The Bill Would Expand Florida’s Shield Law That Made It Difficult To Sue Health Care Providers, Government Entities And Educational Institutions For Pandemic-Related Issues. According to the Tampa Bay Times, “If signed into law, the proposed liability protections would expand the state’s law that makes it harder to sue healthcare providers, governments and educational institutions for issues related to the pandemic.” [Tampa Bay Times, 4/27/21]
2022: Ron DeSantis Signed Into Law Legislation That Extended The Liability Protections For Health Care Providers From COVID-19 Claims Through June 1, 2023. In February 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7014, which “extend[ed] the length of time that health care providers receive certain liability protections from COVID-19-related claims. According to legislation passed during the 2021 Legislative Session, liability protections from COVID-19-related claims apply to claims accruing within one year after the effective date of the act, which was March 29, 2022. The bill extend[ed] the application period of the liability protections, making them applicable to claims accruing before June 1, 2023. The net result of the bill is to extend the liability protections for about 14 months, from March 29, 2022, to June 1, 2023.” [Florida Senate, Accessed on 11/1/22; Florida Senate, S.B. 7014]
- The Bill Protected Health Care Workers From COVID-19 Liability Lawsuits Until June 1, 2023. According to Florida Politics, “Health care workers will be protected from COVID-19 lawsuits until June 1, 2023. Gov. Ron DeSantis on Thursday signed into law nine bills, including a highly sought-after bill that extends protections from COVID-19 liability lawsuits for nursing homes, hospitals, and doctors. SB 7014 was passed earlier this month with many Democrats voting against the measure.” [Florida Politics, 2/25/22]
- The Bill Extended The COVID-19 Shield Law That Was Passed In 2021, Which Provided Indefinite Immunity To Businesses But Provided Health Care Providers Protection Through March 2022. According to Florida Politics, “The current law that shields businesses and health care providers from COVID-19-related lawsuits was one of the first measures passed by the Legislature during the 2021 Session. The law makes clear that to successfully sue a health care provider regarding COVID-19, the plaintiff must prove gross negligence or intentional misconduct. While general businesses were provided indefinite immunity liability protections, health care providers were afforded such protection only through March 2022. The bill signed by DeSantis extends protections for health care providers until June 1, 2023.” [Florida Politics, 2/25/22]
2021: Ron DeSantis Signed Into Law Pandemic-Related Legislation, Which In Part Prohibited Businesses, Government Entities, And Schools From Requiring COVID-19 Documentation In Order To Enter Or Receive Services. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2006, which “better equip[ped] Florida to address a pandemic or other public health emergency, prohibit[ed] requirements of COVID-19-vaccination documentation to access, enter, or receive service from businesses, governmental entities, and educational institutions, and protect[ed] Floridians from local orders that unnecessarily infringe rights or liberties in the name of addressing a purported emergency. […] The bill also prohibit[ed] requirements of COVID-19-vaccination documentation to access, enter, or receive service from businesses, governmental entities, and educational institution. The bill prohibit[ed] such entities from requiring Floridians to provide proof of vaccination or post-infection recovery from COVID-19 but does not restrict the use of screening protocols.” [Florida Senate, Accessed on 10/7/22; Florida Senate, S.B. 2006]
- The Bill Codified Governor Ron DeSantis’ Executive Order That Prohibited Business And Government Entities From Requiring Vaccine Passports. According to a press release from Governor Ron DeSantis, “Additionally, the legislation codifies the prohibition of COVID-19 vaccine passports. Governor DeSantis enacted this prohibition through an executive order last month, blocking any business or government entity from requiring proof of COVID-19 vaccination.” [Press Release - Governor Ron DeSantis, 5/3/21]
- The Bill Allowed The Florida Department Of Health To Fine Businesses, Governments Or Schools Who Require Vaccine Passwords With Up To $5,000 Per Violation. According to the Miami Herald, “Earlier this year, the Republican-led Florida Legislature passed a bill, SB 2006, banning businesses, governments and schools from requiring ‘vaccine passports’ — essentially proof that people seeking their services have gotten a COVID-19 vaccine. In May, Gov. Ron DeSantis signed that bill into law. The legislation allowed the state’s Department of Health to issue fines ‘not to exceed $5,000 per violation.’ On Aug. 27, the department filed a rule that lays out how it will enforce the measure. Businesses, governments and schools will be fined $5,000 ‘per individual and separate violation,’ the rule states. That’s the maximum penalty allowed by law.” [Miami Herald, 9/121]
¶ PROHIBITING MANDATES
2021: Ron DeSantis Signed Into Law Legislation That Prohibited Private Employers From Imposing COVID-19 Vaccine Mandates Without An Opt-Out Option For Medical And Religious Exemptions, Prohibited Public Schools And Local Governments From Imposing Vaccine Mandates, And Provided $5 Million To The Attorney General’s Office To Investigate Violations And Stop Enforcement Of Vaccine Mandates. In November 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1-B, which “[p]rohibit[ed] private employers from imposing COVID-19 vaccination mandate for certain employees; require[d] employer to exempt certain employee from vaccination; authorize[d] employee who is terminated to file complaint with DLA; require[d] AG to impose administrative fine for violations; specifie[d] eligibility for reemployment assistance for unlawfully terminated employee; prohibit[ed] educational institutions & elected or appointed local officials from imposing COVID-19 vaccination mandates on students; provides right of action to obtain declaratory judgment & injunctive relief for violations; prohibit[ed] educational institutions & governmental entities from imposing COVID-19 vaccination mandates for employees; declare[d] null & void any ordinance, rule, or policy that imposes mandates; specifie[d] eligibility for reemployment assistance for unlawfully terminated employee; prohibit[ed] mandating facial coverings or restricting certain activities for students based on quarantine policies; provide[d] parents may allow their children to wear facial coverings; prohibit[ed] district school boards, district school superintendents, & elected or appointed local officials from prohibiting employees from returning to work or subjecting employees to restrictions or disparate treatment. APPROPRIATION: $5,000,000.” [Florida Senate, Accessed on 10/12/22; Florida Senate, H.B. 1-B]
- The Bill Prevented Public And Private Entities From Requiring Vaccines Against COVID-19 And Prohibited Public Entities From Requiring Mask Usage. According to Florida Politics, “The ‘big enchilada’ (HB 1B), as dubbed by DeSantis, would block public and private entities from mandating vaccines to combat COVID-19. Public entities also cannot require masks.” [Florida Politics, 11/18/21]
- The Bill Gave The Florida Department Of Health The Rule-Making Authority Over COVID-19 Protocols In Schools, Like Rules That Would Allow Students To Opt-Out Of Wearing Masks And Procedures To Mitigate Positive Cases Of COVID-19 In Students And Faculty. According to Florida Politics, “Among the bill’s provisions is one granting the Department of Health — led by DeSantis’ recent controversial appointee, Surgeon General Joe Ladapo — rule-making authority over COVID-19 protocols in schools. A draft rule, which will be considered during a two-hour meeting scheduled for Tuesday, allows schools to adopt requirements for students to wear masks if the schools let their children opt out. The rule also lays out the procedures schools must follow for COVID-19 positive students and for students exposed to positive COVID-19 students or staff.” [Florida Politics, 11/18/21]
- The Bill Provided $5 Million To The Attorney General’s Office To Investigate Privacy Companies That Mandate Vaccines And Defend Challenges To The Mandate Prohibition. According to the Tampa Bay Times, “Sen. Jason Pizzo, D-Miami, repeatedly asked why the state was assigning $5 million to give to Attorney General Ashley Moody’s office to investigate companies who would violate state law on vaccines. The Republican senator sponsoring that bill, Danny Burgess of Zephyrhills, said the allocation would mostly be used to defend any legal challenges to the law, but he had no answers about how many investigations the state would pursue against companies or how much they would cost.” [Tampa Bay Times, 11/16/21]
- The Bill Allowed Pregnant Employees To Opt-Out Of The COVID-19 Vaccine, Despite The CDC Recommending The Vaccine For Pregnant Individuals. According to the Tampa Bay Times, “Although their legislation is not ideal for all Republicans, top legislators have accommodated those who hesitate or refuse to take a COVID-19 vaccine. Burgess’ bill includes a provision allowing employees expecting to become pregnant to opt out of the COVID-19 vaccine even though the Centers for Disease Control and Prevention recommends pregnant people get the shot.” [Tampa Bay Times, 11/16/21]
- The Bill Gave Surgeon General And Mask And Vaccine Skeptic, Dr. Joseph A. Ladapo, The Authority To Enforce Anti-Mandate Regulations Through The Department Of Health. According to The New York Times, “In September, Mr. DeSantis picked as Florida’s new surgeon general Dr. Joseph A. Ladapo, an outspoken mask and vaccine skeptic who has not disclosed whether he has been vaccinated. The Florida Department of Health, under his guidance, would have significant authority over how the state enforces anti-mandate legislation.” [New York Times, 11/17/21]
- Several Legislators Were Concerned That Private Businesses Wanted To Keep Their Right To Require Vaccine Mandates. According to the New York Times, “Many lawmakers worried that businesses wanted to retain the ability to impose mandates; many of the state’s biggest employers, including Disney, already have them. And business owners have been reluctant to face conflicting state and federal laws.” [New York Times, 11/17/21]
- The Bill Prohibited Vaccine Mandates In Public Schools And Local Governments And Provided Parents Exclusive Discretion Whether To Have Their Kids Vaccinated Or Wear Masks. According to the New York Times, “They banned vaccine mandates for public school districts and local governments and gave parents sole discretion over whether students should get vaccinated or wear masks. (The DeSantis administration fined Leon County $3.5 million last month for mandating vaccines for its employees — $5,000 for each person.)” [New York Times, 11/17/21]
- The Bill Allowed Private Businesses To Require Vaccines As Long As They Provided Broad Medical And Religious Exemptions, And Allowed Employees To Opt-Out Of Vaccines And Instead Test Periodically And Wear Masks. According to the New York Times, “They allowed vaccine mandates for private businesses as long as companies included exemptions for medical and religious reasons that were expected to be much broader than the federal exemptions. Employees could also opt out if they were willing to be periodically tested or wear protective equipment, like masks. Employers would have to pay for the tests or provide the masks.” [New York Times, 11/17/21]
- If Employers Imposed Vaccine Mandates Outside Of The Bill’s Guidelines, The Bill Fined Employers With Over 100 Workers With $50,000 Per Violation Or $10,000 Per Violation For Smaller Employers. According to The New York Times, “The Legislature also imposed fines of $50,000 per violation for employers with 100 workers or more (and fines of $10,000 for smaller employers) that mandate vaccines outside the allowable guidelines.” [New York Times, 11/17/21]
2021: Ron DeSantis Signed Into Law Legislation That Established A Public Records Exemption For Information Held By The Department Of Legal Affairs Regarding An Employer’s Alleged Violation Of The State’s Prohibition Of COVID-19 Vaccine Mandates. In November 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 3-B, which “create[d] a public records exemption for an employee complaint and related information held by the Department of Legal Affairs regarding an employer’s alleged violation of state law restricting COVID-19 vaccination mandates. While the exemption applies, the complaint and related information are confidential and exempt from requirements of the public records law that they be available to the public for inspection and copying. After the investigation is completed or ceases to be active, information in records relating to the investigation remain confidential and exempt from public copying and inspection requirements if disclosure of that information: Jeopardizes the integrity of another active investigation; Reveals medical information about an employee; or Reveals information regarding the employee’s religious beliefs. The bill permit[ted] release of the confidential and exempt information to another governmental entity in the furtherance of that entity’s lawful duties and responsibilities. Additionally, the bill permit[ted] disclosure of information in an aggregated format. The public records exemption expires on October 2, 2023.” [Florida Senate, Accessed on 10/12/22; Florida Senate, H.B. 3-B]
- The Bill Prevented Private Health And Religious Records From Becoming Public Records Over The Course Of A Legal Investigation Over Compliance Or Violations Of COVID-19 Policies. According to Florida Politics, “The second measure (HB 3B) would protect the private health and religious records from being made public over the course of an investigation into a COVID-19 policy.” [Florida Politics, 11/18/21]
¶ OCCUPATIONAL SAFETY AND HEALTH STATE PLAN
2021: Ron DeSantis Signed Into Law Legislation That Provided $1 Million To The Governor’s Office To Create A Occupational Safety And Health State Plan With The Intent Of Withdrawing From The Federal Occupational Safety And Health Administration (OSHA) And Establishing The State Plan. In November 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 5-B, which “provide[d] legislative intent to establish a Florida Occupational Safety and Health State Plan. Currently, the federal Occupational Safety and Health Administration (OSHA) has jurisdiction over health and safety regulations for most private sector employers in this state. Federal law allows for a state to assert its own regulatory state plan in lieu of the standard OSHA regulations, so long as the state plan is at least as effective as OSHA and applies to public sector employees. There are 27 states and one U.S. territory that operate an OSHA-approved plan of some form. The bill direct[ed] the Executive Office of the Governor to develop a proposal for a state plan and requires the office to submit a status report of its efforts to the President of the Senate and the Speaker of the House of Representatives by January 17, 2022. The bill appropriate[d] $1 million to the Executive Office of the Governor from the General Revenue Fund to implement the bill.” [Florida Senate, Accessed on 10/12/22; Florida Senate, H.B. 5-B]
- The Bill Provided $1 Million To The Governor’s Office To Analyze Florida Leaving The Occupational Safety And Health Administration. According to the New York Times, “Lawmakers also allocated $1 million to the governor’s office to study leaving the Occupational Safety and Health Administration, a clear jab at the Biden administration’s workplace order.” [New York Times, 11/17/21]
- The Bill Required The Governor’s Office To Develop A Framework For A State Workplace Safety Plan, But The Plan Would Have To Meet Strict Requirements To Garner Federal Approval And Withdraw From OSHA. According to Florida Politics, “Another bill (HB 5B) asks the Governor’s Office to develop a roadmap for a state workplace safety plan, a course that could lead Florida to withdraw from the Occupational Safety and Health Administration. However, the state plan would need to be as strict as OSHA’s requirements and approval must go through the federal government.” [Florida Politics, 11/18/21]
¶ STATE HEALTH OFFICER’S AUTHORITY OVER VACCINE MANDATES
2021: Ron DeSantis Signed Into Law Legislation That Repealed The State Health Officer’s Authority To Impose Vaccine Mandates During A Public Health Emergency. In November 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 7-B, which “repeal[ed] the State Health Officer’s authority to order, by any means necessary, an individual to be vaccinated for communicable diseases that have significant morbidity or mortality and present a severe danger to public health during a public health emergency.” [Florida Senate, Accessed on 10/12/22; Florida Senate, H.B. 7-B]
- The Bill Limited The Surgeon General’s Powers, Which Were Given After The 9/11 And An Anthrax Case, Including The Authority To Mandate Vaccinations. According to Florida Politics, “The final bill (HB 7B) would limit the Surgeon General’s emergency powers. In 2002, in the aftermath of 9/11 and an anthrax scare, lawmakers granted the Surgeon General several emergency powers, including the authority to mandate vaccinations ‘by any means necessary.’ The power had never been used, but it became a target during the Special Session.” [Florida Politics, 11/18/21]
2022: Ron DeSantis Signed Into Law The No Patient Left Alone Act, Which Required Hospitals, Nursing Homes, Hospices, And Long-Term Care Facilities To Establish Visitation Policies That Guarantee Minimum Visitation Protections, Allowed Patients To Designate An Essential Caregiver, And Prohibited Vaccination As A Requirement For Visitation. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 988, which “[c]it[ed] this act as the ‘No Patient Left Alone Act’; requir[ed] certain providers to establish visitation policies and procedures within a specified timeframe; authoriz[ed] the resident, client, or patient to designate an essential caregiver; requir[ed] in-person visitation in certain circumstances; authoriz[ed] providers to suspend in-person visitation of specific visitors under certain circumstances, etc.” [Florida Senate, Accessed on 10/25/22; Florida Senate, S.B. 988]
- The Bill Guaranteed Floridian Families The “Fundamental Right” To Visit Their Family Members Who Were Receiving Care In Hospitals, Hospices, And Long-Term Care Facilities By Prohibiting Vaccine Requirements For Visitors And Requiring Facilities To Allow Hugging Between Patients And Their Loved Ones. According to a press release from Governor Ron DeSantis, “Today, Governor Ron DeSantis signed SB 988, the No Patient Left Alone Act, to guarantee Florida families the fundamental right to visit their loved ones who are receiving care in hospitals, hospices, and long-term care facilities. No health care facility in Florida may require a vaccine as a condition of visitation and every health care facility must allow their residents and patients to be hugged by their loved ones.” [Press Release - Governor Ron DeSantis, 4/6/22]
- The Bill Required Hospitals, Nursing Homes And Assisted Living Facilities To Implement Visitation Policies Within 30 Days After The Bill’s Signage. According to Florida Politics, “Amid the continued fallout from the COVID-19 pandemic and the lockdowns that occurred during the first few months, hospitals, nursing homes and assisted living facilities will now have 30 days to establish visitation policies under a bill signed into law by Gov. Ron DeSantis in Naples on Wednesday.” [Florida Politics, 4/6/22]
- The Bill Required Health Care Providers To Abide By Minimum Visitation Rights And After The Facilities Have Finalized Their Policies, The Bill Required The Facilities To Post Their Visitation Policies Within 24 Hours Online. According to Florida Politics, “The ‘No Patient Left Alone Act,’ creates a new section of health care law requiring health care providers to meet minimum visitation rights that must be guaranteed. Once finalized, facilities will have 24 hours to make them easily accessible on the homepage of their websites.” [Florida Politics, 4/6/22]
- The Bill Required Long-Term Care Providers To Guarantee Visitation Rights When A Patient Needs Help Eating Or Drinking, Is Grieving The Death Of A Loved One, Is Undergoing Social Distress, Needs To Make A Major Medical Decision, Or Is Experiencing An End-Of-Life Situation. According to Florida Politics, “Under the new law, long-term care providers must guarantee visitation rights when a resident requires assistance to eat or drink; is grieving the loss of a friend or family member; is experiencing social distress, seldom speaking, or crying more; is making major medical decisions; or is facing end-of-life situations.” [Florida Politics, 4/6/22]
- The Bill Required Hospitals And Hospice Care To Guarantee Visitation Rights During End-Of-Life Situations, During Major Medical Decisions, Or If The Patient Is A Child, And Hospitals Must Allow For At Least One Person To Accompany A Pregnant Individual Going Into Labor. According to Florida Politics, “The law requires hospitals and hospice policies to guarantee visitation rights when a patient is facing end-of-life situations, making major medical decisions or is a child. Hospital visitation policies must allow for at least one companion during childbirth, including labor and delivery.” [Florida Politics, 4/6/22]
- March 2020: The DeSantis Administration Issued An Emergency Order That Barred Non-Staff Individuals From Entering Medical Facilities, With Exceptions To Family Members, Friends And Visiting Residents In End-Of-Life Circumstances, Hospice Or Palliative Care Workers During End-Of-Life Circumstances, And Federal Or State Regulators. According to Florida Politics, “While DeSantis championed passage of the law, his administration issued an emergency order in March 2020 prohibiting the entry of any individual to such facilities who was not staff. Exceptions were made to family members, friends and visiting residents in end-of-life situations; hospice or palliative care workers caring for residents in end-of-life situations; and federal or state regulators.” [Florida Politics, 4/6/22]
- March-May 2020: Through The DeSantis Emergency Order, Adult Residents Who Lived In Treatment Facilities Were Allowed To See Their Attorneys Of Record. According to Florida Politics, “Adult residents residing in treatment facilities were authorized to see their attorneys of record. The order banning visitation was extended in May.” [Florida Politics, 4/6/22]
- October 2021: The DeSantis Administration Amended The Emergency Order Relating To Visitation Protections, Allowing For General Visitations And Rescinding Previous Orders That Restricted Visitation. According to Florida Politics, “The DeSantis administration modified its order again in October allowing for general visitation. By March 22, 2021, the DeSantis administration rescinded all its previous order prohibiting visitation.” [Florida Politics, 4/6/22]
¶ Pandemic Response
2021: Ron DeSantis Signed Into Law Pandemic-Related Legislation, Which In Part Enhanced Preparedness For The Next Public Health Emergency By Requiring A State Public Health Emergency Management Plan, Maintaining Inventory Of State-Owned Personal Protective Equipment, And Including A Plan To Address Sheltering During A Pandemic That Mandates Distancing. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2006, which “better equip[ped] Florida to address a pandemic or other public health emergency, prohibit[ed] requirements of COVID-19-vaccination documentation to access, enter, or receive service from businesses, governmental entities, and educational institutions, and protect[ed] Floridians from local orders that unnecessarily infringe rights or liberties in the name of addressing a purported emergency. The bill require[d] state agencies to take the following actions to prepare for the next public health emergency: The Department of Health must create a state public health emergency management plan, and requires the Division of Emergency Management to incorporate that plan into the state’s comprehensive emergency management plan; and The Division of Emergency Management must: Maintain an inventory of state-owned personal protective equipment; and Include provisions in its statewide emergency shelter plan to address sheltering during a pandemic that requires distancing.” [Florida Senate, Accessed on 10/7/22; Florida Senate, S.B. 2006]
- The Bill Improved Florida’s Emergency Preparedness Planning For Future Public Health Concerns By Including Personal Protective Equipment And Other Supplies To The Florida Division Of Emergency Management’s Inventory. According to a press release from Governor Ron DeSantis, “The bill also improves Florida’s emergency planning for future public health emergencies, by adding personal protective equipment and other public health supplies to the inventory of the Florida Division of Emergency Management.” [Press Release - Governor Ron DeSantis, 5/3/21]
¶ RESTRICTIONS TO EMERGENCY ORDERS, CLOSURES, AND LEGISLATIVE RECOURSE TO ORDERS AND DIRECTIVES
2021: Ron DeSantis Signed Into Law Pandemic-Related Legislation, Which In Part Restricted Emergency Orders And Proclamations To 60-Day Periods, Required The Governor To Provide Explanation For The Need Of School And Business Closures, And Allowed The Florida Legislature To Pass Concurrent Resolutions To Override Orders And Directives Under The State Of Emergency. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2006, which “better equip[ped] Florida to address a pandemic or other public health emergency, prohibit[ed] requirements of COVID-19-vaccination documentation to access, enter, or receive service from businesses, governmental entities, and educational institutions, and protect[ed] Floridians from local orders that unnecessarily infringe rights or liberties in the name of addressing a purported emergency. […] The bill also provide[d] additional transparency and legislative oversight of the executive branch’s emergency powers. The bill: Limit[ed] emergency orders, proclamations, and rules to 60-day durations that can be renewed as long as the emergency conditions persist; Require[d] the Governor, if he or she closes schools or businesses, to state specific reasons why the schools or businesses need to close and reassess the closure regularly; and Authorize[d] the Legislature to pass a concurrent resolution to terminate orders and directives issued under a state of emergency, instead of just the state of emergency itself.” [Florida Senate, Accessed on 10/7/22; Florida Senate, S.B. 2006]
¶ RESTRICTED LOCAL REGULATIONS THAT WOULD “INFRINGE” RIGHTS AND LIBERTIES
2021: Ron DeSantis Signed Into Law Pandemic-Related Legislation, Which In Part Required Local Governments To Prove That Local Regulations Were “Narrowly Tailored” To Address A Public Health Concern, Allowed Governor To Invalidate Any Local Regulations That “Unnecessarily” Restrict Individuals Rights And Liberties, And Restricted Emergency Orders To 7-Day Period With The Ability To Renew Them Up To 5 Times. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2006, which “better equip[ped] Florida to address a pandemic or other public health emergency, prohibit[ed] requirements of COVID-19-vaccination documentation to access, enter, or receive service from businesses, governmental entities, and educational institutions, and protect[ed] Floridians from local orders that unnecessarily infringe rights or liberties in the name of addressing a purported emergency. […] The bill also target[ed] county and city emergency orders that address purported emergencies but that also infringe the rights or liberties of Floridians. To protect Floridians from these orders the bill: Require[d] the governmental entity imposing an ordinance or other measure that deprives a person of a right or liberty to prove that the measure is ‘narrowly tailored’ to address a ‘compelling public health or safety purpose’; Authorize[d] the Governor to invalidate an order that ‘unnecessarily restricts individual rights or liberties’; and Limit[ed] the duration of emergency orders to 7 days, with the option to renew the orders up to 5 times.” [Florida Senate, Accessed on 10/7/22; Florida Senate, S.B. 2006]
- The Bill Prevented State And Local Governments From Closing Businesses Or In-Person School Instruction, Except For Hurricanes, And Limited All Local Emergency Declarations To 7-Day Increments. According to Press Release - Governor Ron DeSantis, “SB 2006 will ensure that neither the state nor local governments can close businesses or keep students out of in-person instruction at Florida schools, except for hurricane emergencies, and caps all local emergency at seven-day increments.” [Press Release - Governor Ron DeSantis, 5/3/21]
- The Bill Allowed The Governor To Override A Local Emergency Order If It Restricted Civil Rights Or Liberties. According to a press release from Governor Ron DeSantis, “The legislation also allows the Governor of Florida to invalidate a local emergency order if it unnecessarily restricts individual rights or liberties.” [Press Release - Governor Ron DeSantis, 5/3/21]
¶ FINANCIAL STRAINS – DISASTER RELIEF FUNDS AND BUDGET AMENDMENT REQUESTS
2021: Ron DeSantis Signed Into Law Pandemic-Related Legislation, Which In Part Addressed The Financial Strain Of Emergencies By Requiring Initial Spending To Come From Disaster Relief Funds And If Additional Funding Were Needed, The Governor Would Request Funds Through A Budget Amendment. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2006, which “better equip[ped] Florida to address a pandemic or other public health emergency, prohibit[ed] requirements of COVID-19-vaccination documentation to access, enter, or receive service from businesses, governmental entities, and educational institutions, and protect[ed] Floridians from local orders that unnecessarily infringe rights or liberties in the name of addressing a purported emergency. […] Finally, the bill include[d] several provisions to better address the financial strain that emergencies place on state and local government. Specifically the bill: Provide[d] legislative intent that during an emergency, spending will first come from funds specifically appropriated to state and local agencies for disaster relief. Provide[d] that the second recourse for funding is the newly created Emergency Response Fund. Provide[d] that if additional funds are needed during an emergency beyond what is already appropriated in the new Emergency Response Trust Fund, the Governor can request additional funds by submitting a budget amendment through the LBC, requesting more funds in the Trust Fund.” [Florida Senate, Accessed on 10/7/22; Florida Senate, S.B. 2006]
¶ CRIME AND PUBLIC SAFETY
2021: Ron DeSantis Signed Into Law Legislation That Prohibited People Who Were Convicted Of Abuse, Neglect, Or Exploitation Of An Elderly Person From Qualifying As A Personal Representative Or Inheriting From The Victim’s Estate, Trust Or Other Assets. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1041, which “[a]dd[ed] offenses to authority of Office of Statewide Prosecution; provide[d] person convicted of abuse, neglect, or exploitation of elderly person or disabled adult is not qualified to act as personal representative; provide[d] for forfeiture of specified benefits of persons convicted of offenses concerning elderly persons or disabled adults; provide[d] persons convicted of offenses concerning elderly persons or disabled adults may still retain inheritance, survivorship rights, other rights, or trust interest if victim executes specified instrument; specifie[d] additional conduct that constitutes abuse or exploitation of elderly person or disabled adult; revise[d] provisions concerning injunctions for protection; provide[d] for extension of ex parte temporary injunctions.” [Florida Senate, Accessed on 10/5/22; Florida Senate, H.B. 1041]
2019: Ron DeSantis Signed Into Law A Criminal Justice Reform Package, Which Raised The Threshold Amounts For Certain Theft Crimes, Revised Criminal Penalties For Third And Subsequent Offenses Of Driving With A Suspended Or Revoked License, Provided Eligibility Criteria For Expungement Of Records For Self-Defense Incidents, And Increased Felon Access To Occupational License Opportunities. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7125, which “[p]rovid[ed] for reallocation of unencumbered funds returned to the Crime Stoppers Trust Fund; increas[ed] threshold amounts for certain theft offenses; revis[ed] criminal penalties for the third or subsequent offense of driving while license suspended, revoked, canceled, or disqualified; require[ed] the Department of Children and Families to provide rehabilitation to criminal offenders designated as sexually violent predators; establish[ed] eligibility criteria for expunction of a criminal history record by a person found to have acted in lawful self-defense; creat[ed] the Task Force on the Criminal Punishment Code adjunct to the Department of Legal Affairs, etc. APPROPRIATION: $250,000.” [Florida Senate, Accessed on 9/1/22; Florida Senate, H.B. 7125]
- ACLU Of Florida: The Bill Reduced Occupational Licensing Restrictions For Individuals With Felony Convictions, Restricted The Number Of Offenses That Could Result In A Driver’s License Suspension, Increased The Felony Theft Threshold To $750, And Rescinded Mandatory Direct File. According to the American Civil Liberties Union of Florida, “On Friday the Florida Legislature approved House Bill 7125 as the long-discussed criminal justice reform legislation that will be sent to Florida Gov. Ron DeSantis. The bill, among other things, reduces occupational licensing barriers for people with felony convictions, limits the number of offenses that can result in driver’s license suspension, raises the felony theft threshold from $300 to $750, and also eliminates mandatory direct file.” [American Civil Liberties Union Of Florida, 5/3/19]
- ACLU Of Florida: The Bill Was “More Of A Slow Crawl Than A First Step” Towards Comprehensive Criminal Justice Reform. According to the American Civil Liberties Union - Florida, “‘House Bill 7125 is more of a slow crawl than a first step. Florida needs comprehensive reform to undo decades of over-incarceration, excessive sentencing, and systemic racial bias in our criminal justice system. While modest reforms are certainly better than no reforms, which is what we’ve seen for years by the majority in the legislature, we have a lot of work left to do in order to make a difference in the lives of those incarcerated, and their families who suffer just as much by their absence, where the punishment imposed did not fit the crime.” [American Civil Liberties Union - Florida, 5/3/19]
- The Package Included A Change To The Legal Threshold For Felony Theft And Reduced Punishment For Certain Non-Violent Offenses. According to News 4 Jax, “Florida lawmakers on Friday overwhelmingly approved a criminal-justice package that includes the first change in 35 years to the legal threshold for felony theft and reducing punishment for some non-violent offenders.” [News 4 Jax, 5/3/19]
- The Package Expanded Access To Inmate Reentry Programs And Offered More Opportunities For Occupational Licenses For Felons. According to News 4 Jax, “Other changes praised by Republicans and Democrats in both chambers included expanding the availability of inmate reentry programs and offering more opportunities for felons to get occupational licenses.” [News 4 Jax, 5/3/19]
- The Bill Increased The Threshold Amount For Hydrocodone Trafficking To 28 Grams And Decreased The Driver’s License Suspension For Non-Violent Drug Offenders To Six Months. According to News 4 Jax, “Also, the bill would raise the base threshold amount for trafficking in hydrocodone from 14 grams to 28 grams, and non-violent drug offenders would have their driver’s licenses suspended for six months instead of a year.” [News 4 Jax, 5/3/19]
2021: Ron DeSantis Vetoed Legislation That Would Have Allowed Juveniles Offenders Who Completed A Diversion Program To Apply To Have Their Non-Judicial Arrest Records Expunged. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 274, which would have “amend[ed] s. 943.0582, F.S., to permit a juvenile who completed a diversion program for any offense, including felony offenses, to apply to have the nonjudicial arrest record expunged. This expand[ed] the current law, which only permits juvenile diversion expunction for a misdemeanor offense. Additionally, the bill amend[ed] s. 985.126, F.S., to permit a juvenile who completes a diversion program for any offense, including a felony or subsequent offense, to lawfully deny or fail to acknowledge his or her participation in the program and the expunction of the nonjudicial arrest record. This expand[ed] the current law, which only permits a juvenile who completes diversion for a first-time misdemeanor offense to lawfully deny or fail to acknowledge his or her participation in the program and the expunction.” [Florida Senate, Accessed on 10/10/22; Florida Senate, S.B. 274]
- Ron DeSantis Vetoed A Bill That Would Have Allowed Tens Of Thousands Of Juveniles To Expunge Their Criminal Records After The Completion Of A Behavioral Program. According to the Tampa Bay Times, “In a rebuke to 157 voting members of the Florida Legislature, Gov. Ron DeSantis on Tuesday night vetoed a measure that would have paved the way for tens of thousands of juveniles to get their criminal records erased after completing a behavioral program.” [Tampa Bay Times, 6/30/21]
- Florida Legislators Said They Were Shocked Over DeSantis’ Veto Since The Bill Did Not Receive Opposition In The Legislature And It Would Have Allowed Minors With Criminal Records To Face Less Hardships In The Workforce, Housing, And Education. According to the Tampa Bay Times, “The veto came as a shock to many lawmakers, who supported the measure. The proposal, they said, moved through the legislative process with little to no opposition and it was an approach that would have allowed minors with past run-ins with the law to face fewer barriers to employment, housing and education.” [Tampa Bay Times, 6/30/21]
- The Bill Would Have Permitted Almost 27,000 Minors To Request The Expungement Of Their Arrest Records After Successfully Completing A Diversion Program For Any Offense, Including Any Felonies, And The Bill Provided Discretion To The Police Officer That Confronted The Juvenile Or To The State Attorney. According to the Tampa Bay Times, “The bill would have allowed some 27,000 minors to request their arrest records expunged following the successful completion of a diversion program for any offense, including felonies. Discretion would have still been given to either the law enforcement officer that confronted the minor at the time of the offense of the state attorney that is handling the case.” [Tampa Bay Times, 6/30/21]
- The Bill Would Have Expanded On The State Law That Allowed Juveniles With Misdemeanors To Expunge Their Records. According to the Tampa Bay Times, “State law currently allows only juveniles with misdemeanor offenses to get that opportunity.” [Tampa Bay Times, 6/30/21]
- While He Did Not Voice His Concerns Over The Bill During The Legislative Session, Ron DeSantis Claimed He Was Concerned For Public Safety, Especially Over The “Unfettered Ability To Expunge Serious Felony,” During His Veto Message. According to the Tampa Bay Times, “DeSantis, whose pro-law enforcement stance remains a pillar of his platform, did not make his concerns about the proposal known during the annual 60-day legislative session, according to bill sponsor, Senate Criminal and Civil Justice Subcommittee Chair Keith Perry. But in a letter Tuesday night, he said he vetoed the bill out of concern for public safety. ‘I have concerns that the unfettered ability to expunge serious felonies, including sexual battery, from a juvenile’s record may have negative impacts on public safety,’ DeSantis wrote.” [Tampa Bay Times, 6/30/21]
- Ron DeSantis Vetoed The Bill After He Participated In A Florida Police Chiefs Association Conference, A Lobbying Group That Opposed The Bill. According to the Tampa Bay Times, “DeSantis’ veto came a day after he attended a conference hosted by the Florida Police Chiefs Association, a powerful lobbying group that opposed the measure during the legislative session. In January, a representative for the organization said the bill ‘could have a negative impact on public safety,’ in a letter to Perry.” [Tampa Bay Times, 6/30/21]
2022: Ron DeSantis Signed Into Law Legislation That Allowed Juveniles To Apply To Have Their Arrest Records Expunged For Misdemeanors Or Felony Offenses, Except Forcible Felonies, If They Completed A Diversion Program. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 195, which “amend[ed] s. 943.0582, F.S., to permit a juvenile who completed a diversion program for misdemeanor and felony offenses, other than a forcible felony or a felony involving the manufacture, sale, purchase, transport, possession, or use of a firearm or weapon, to apply to have the nonjudicial arrest record expunged. This expands the current law, which only permits juvenile diversion expunction for a misdemeanor offense. Additionally, the bill amend[ed] s. 985.126, F.S., to permit a juvenile who completes a diversion program and who has been granted an expunction under s. 943.0582, F.S., to lawfully deny or fail to acknowledge his or her participation in the program and such expunction of the nonjudicial arrest record. This expands the current law, which only permits a juvenile who completes diversion for a first-time misdemeanor offense to lawfully deny or fail to acknowledge his or her participation in the program and the expunction.” [Florida Senate, Accessed on 10/17/22; Florida Senate, H.B. 195]
- After Vetoing Similar Legislation In 2021, Ron DeSantis Signed Into Law A Bill That Broadened Juveniles’ Ability To Expunge Their Arrest Records For Felony Charges. According to Florida Politics, “One year after Gov. Ron DeSantis vetoed a measure allowing juveniles to have arrest records for felony charges expunged from their record, the Republican Governor gave his approval to this past Session’s version of the legislation. The proposal (HB 195), signed Thursday, will broaden minors’ abilities to expunge their arrest records in Florida, opening the door to removing lesser felonies and multiple misdemeanors from their records.” [Florida Politics, 5/12/22]
- If They Completed A Diversion Program, The Bill Allowed Juveniles To Expunge Their Multiple Misdemeanor And Felony Arrests, Except For Murder, Rape And Kidnapping Crimes. According to Florida Politics, “Under the proposal, a juvenile may expunge felony arrests — except for forcible felonies — and multiple arrests from their record for completing a diversion program. Forcible felonies include crimes such as murder, rape and kidnapping, among others.” [Florida Politics, 5/12/22]
- To Ensure They Could Get Ron DeSantis’ And The Florida Police Chiefs Association’s Support, The Florida Legislature Added Language To The Bill That Exempted Forcible Felonies From The Ability To Expunge Juvenile Arrest Records. According to Florida Politics, “Lawmakers last year praised the measure without a single ‘no’ vote. However, DeSantis vetoed the bill, citing public safety concerns. ‘The unfettered ability to expunge serious felonies, including sexual battery, from a juvenile’s record may have negative impacts on public safety,’ the veto letter said. Lawmakers added the exemption for forcible felonies this Session to appease the concerns of DeSantis and the Florida Police Chiefs Association.” [Florida Politics, 5/12/22]
- Over 26,000 Juveniles Would Benefit Under The Bill, Allowing Them To Seek Out Better Employment And Educational Opportunities Without A Criminal Record. According to Florida Politics, “More than 26,000 kids will benefit under the measure if signed into law, according to a staff analysis. Those offenders, proponents note, will enjoy better job and educational opportunities without an arrest record.” [Florida Politics, 5/12/22]
2021: Ron DeSantis Signed Into Law Legislation That Extended The Public Records Exemption For Criminal History Information Of Juveniles, With Exceptions To Criminal Justice Agencies, The Juvenile’s Attorney, Parent Or Legal Guardian, Or Certain Agencies. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 7009, which “amend[ed] ss. 943.053 and 985.04, F.S., to save from repeal the current exemptions from public records disclosure for certain criminal history information of juveniles. In 2016, the Legislature amended ss. 943.053 and 985.04, F.S., to make the same criminal history information of juveniles confidential and exempt from s. 119.07(1), F.S., and Art. 1, s. 24(a), State Constitution. Section 943.053(3)(b), F.S., provides that criminal history information relating to juveniles compiled by the Criminal Justice Information Program is confidential and exempt, except when the juvenile has been taken into custody for, charged with, or found guilty of a felony offense, or the juvenile has been transferred to adult court. Section 943.053(3)(c), F.S., provides that criminal history information relating to juveniles, even if confidential and exempt, must be available to: Criminal justice agencies for criminal justice purposes; The person to whom the record relates, or his or her attorney; The parent, guardian, or legal custodian of the person to whom the record relates, provided that such a person has not reached the age of majority, been emancipated by a court, or been legally married; or An agency or entity specified in ss. 943.0585(6) or 943.059(6), F.S.” [Florida Senate, Accessed on 10/10/22; Florida Senate, H.B. 7009]
- The Legislative Intent For The Public Records Exemption Was To Help Juveniles With Misdemeanor Records To Be Able To Become Members Of Society. According to the Florida Senate, “The original public necessity statement for the bill states that it is in the best interest of the public that individuals with juvenile misdemeanor records be given the opportunity to become contributing members of society. Therefore, prohibiting the unfettered release of juvenile misdemeanor records and certain criminal history information relating to a juvenile compiled by the Criminal Justice Information Program is of greater importance than any public benefit that may be derived from the full disclosure and release of such arrest records and information.” [Florida Senate, Accessed on 10/10/21]
2022: Ron DeSantis Signed Into Law Legislation That Established A Public Records Exemption For The Non-Judicial Arrest Record Of Juveniles That Complete A Diversion Program And Became Eligible For Record Expungement. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 197, which “provide[d] that a nonjudicial record of the arrest of a minor who has successfully completed a diversion program and is eligible for expunction is made confidential and exempt from public disclosure, except that the record must be made available only to criminal justice agencies for specified purposes.” [Florida Senate, Accessed on 10/17/22; Florida Senate, H.B. 197]
¶ PENALTIES FOR CYBERSTALKING, CYBER-THREATS, AND ONLINE HARASSMENT
2021: Ron DeSantis Signed Into Law Legislation That Prohibited Individuals From Making Online Threats To Kill Or Do Bodily Harm To Another Individual, To Conduct A Mass Shooting, Or An Act Of Terrorism. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 921, which “[p]rohibit[ed] person from sending, posting, or transmitting, or from procuring sending, posting, or transmission of written or electronic record when person makes threat to kill or to do bodily harm to another person or to conduct mass shooting or an act of terrorism.” [Florida Senate, Accessed on 10/4/22; Florida Senate, H.B. 921]
- The Bill Added And Redefined Penalties For Cyberstalking, Making Threats, And Online Harassment, Including Up To $10K In Fines And A Prison Sentence Up To 15 Years. According to WFLA News Channel 8, “A new Florida bill waiting for Gov. Ron DeSantis’ signature would change state statutes to redefine and add penalties for several different dangers in the online world. Cyberstalking, making threats and online harassment are now all on the table for additional legal consequences for Florida’s netizens, including up to 15 years in prison and up to $10,000 in fines.” [WFLA News Channel 8, 6/21/21]
- The Bill Amended Florida Laws To Add Digital Methods Of Communication To The Definitions Of Harassment And Threat And Updated The Definition Of Cyberstalking. According to WFLA News Channel 8, “Under HB 921, Florida’s statutes are amended to add digital communication methods to the state’s harassment and threat definitions. The additional language includes an update to what is defined as cyberstalking.” [WFLA News Channel 8, 6/21/21]
- The Bill Placed Additional Penalties For Threatening Bodily Harm, Threatening To Kill, Or Threatening To Conduct A Mass Shooting Or Terrorism Act Online. According to WFLA News Channel 8, “Additionally, threatening bodily harm, such as threats to kill, do bodily injury, or conduct a mass shooting or act of terrorism online would also lead to additional punishments under the law.” [WFLA News Channel 8, 6/21/21]
- The Bill Expanded The Definition Of “Electronic Record” To Include Anything That Was Created, Altered, Or Distributed Electronically That Contains Text, Graphics, Visuals, Or Audio Represented In Digital Form. According to WFLA News Channel 8, “The bill also expands what is considered as an electronic record. Going forward, electronic record would mean anything ‘created modified, archived, received, or distributed electronically which contains any combination of text, graphics, video, audio, or pictorial represented in digital form’ as long as it isn’t shared through a telephone call.” [WFLA News Channel 8, 6/21/21]
- The Bill Established A Second Degree Felony For Any Violations Against The Bill, Which Would Be Punished With Up To 15 Years In Prison And Possibly A Fine Up To $10K. According to WFLA News Channel 8, “Someone who violates the updated statutes would be committing a second degree felony. State law puts second degree felony punishments up to 15 years in prison, and the potential for up to $10,000 in fines for those violations.” [WFLA News Channel 8, 6/21/21]
2022: Ron DeSantis Signed Into Law Legislation That Created A Public Records Exemption For The Identification Information Of People And Parties Involved In The Execution Of Prisoners Charged With The Death Penalty. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 873, which “create[d] a public records exemption for certain persons or entities involved in executions. Specifically, the bill ma[de] confidential and exempt from s. 119.07(1), F.S., and Art. 1, s. 24(a), State Constitution, information or records that identify or could reasonably lead to the identification of any person or entity that participates in, has participated in, or will participate in an execution, including those who administer, compound, dispense, distribute, maintain, manufacture, order, prepare, prescribe, provide, purchase, or supply drugs, chemicals, supplies, or equipment needed to conduct an execution. The bill ma[de] the exemption applicable to information and records held by the Department of Corrections before, on, or after the effective date of the bill. This exemption is subject to the Open Government Sunset Review Act and stands repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.” [Florida Senate, Accessed on 10/24/22; Florida Senate, H.B. 873]
- The Bill Exempted From Public Record The Information Of Neatly All Individuals Involved In The Execution Process In Florida. According to Florida Politics, “The Senate OK’d a bill Monday that would withhold the information of nearly all parties involved in Florida’s execution process from public record. The bill (HB 873) seeks to broaden the state’s longstanding public record exemption by shielding ‘any person or entity’ involved in the state’s execution process.” [Florida Politics, 3/7/22]
- Before The Bill, Florida Law Shielded Certain Details Related To Executions From Public Record, Like The Executioner’s Name And The Lethal Injection Drug Prescribers. According to Florida Politics, “If signed into law, the bill will mark a significant expansion of the longstanding exemption. State law currently shields an array of details, including the executioner’s name — a private citizen paid $150 per execution — and the state’s lethal injection drug prescribers.” [Florida Politics, 3/7/22]
- The Bill Expanded The Public Records Exemption To Any Parties Or Individuals Involved In The Administration, Manufacturing, Preparing, Procurement, Or Supply Of Equipment To Conduct An Execution. According to Florida Politics, “The bill, though, would shield any person or party involved in ‘administrating, compounding, dispensing, distributing, maintaining, manufacturing, ordering, preparing, prescribing, providing, purchasing, or supplying drugs, chemicals, supplies, or equipment necessary to conduct an execution.’” [Florida Politics, 3/7/22]
2019: Ron DeSantis Signed Into Law Legislation That Created A Public Records Exemption That Temporarily Restricts Public Access To Identification Information Of A Petitioner Or Respondent In A Petition For
A Protective Order Alleging Domestic Violence, Sexual Violence Or Stalking. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 845, which “create[d] a public records exemption that temporarily blocks public access to any information that can be used to identify a petitioner or respondent in a petition for a protective injunction alleging domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking filed with the court. The information will be confidential and exempt only until the alleged batterer or stalker is served by a law enforcement officer with a copy of the petition, the notice of hearing, and copies of any affidavits or temporary injunctions. The bill provide[d] that the temporary exemption is a public necessity as it will ensure the physical safety of alleged victims and their families from retaliation by an abuser, as well as the physical safety of the law enforcement officers serving these petitions.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 845]
2021: Ron DeSantis Signed Into Law Legislation That Created A Public Records Exemption For The Personal Information Of Current And Former Domestic Violence Advocates Or Staff Of Certified Domestic Violence Centers. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 68, which “amend[ed] s. 119.071(4)(d), F.S., creating a new exemption from public records disclosure for specified personal information of current and former staff and domestic violence advocates of domestic violence centers certified by the Department of Children and Families under ch. 39, F.S., and specified personal information relating to their spouses and children. Section 90.503(1)(b), F.S., defines ‘domestic violence advocate’ as an employee or volunteer of a certified domestic violence center who: provides direct services to individuals victimized by domestic violence; has received 30 hours of domestic violence core competency training; and has been identified by the domestic violence center as an individual who may assert a claim of privilege for communications with domestic violence victims under s. 39.905, F.S. The bill exempt[ed] the following information from public records disclosure: Home addresses, telephone numbers, places of employment, dates of birth, and photographs of such personnel; Names, home addresses, telephone numbers, places of employment, dates of birth, and photographs of the spouses and children of such personnel; and Names and locations of schools and day care facilities attended by the children of such personnel.” [Florida Senate, Accessed on 9/29/22; Florida Senate, S.B. 68]
2021: Ron DeSantis Signed Into Law Legislation That Made It A Criminal Offense For Anyone To Maliciously Publish Or Disseminate Any Information Or Image That May Identify A Certified Domestic Violence Center’s Location. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 70, which “create[d] s. 39.9057, F.S., making it a criminal offense for any person to maliciously publish, disseminate, or disclose any descriptive information or image that may identify the location of a domestic violence center certified under s. 39.905, F.S., or to otherwise maliciously disclose the location of a center. A person commits a misdemeanor of the first degree, punishable by up to one year imprisonment and a $1,000 fine for a first violation of this offense. The bill reclassifie[d] the penalty from a first degree misdemeanor to a third degree felony for a second or subsequent violation. A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. To the extent the bill create[d] a new first degree misdemeanor or third degree felony which results in persons being sentenced to jail or prison, it will likely have a positive insignificant jail or prison bed impact (i.e. an increase of 10 or fewer beds).” [Florida Senate, Accessed on 9/29/22; Florida Senate, S.B. 70]
2021: Ron DeSantis Signed Into Law Legislation That Recognized Domestic Violence As A Public Health Threat, Required Certified Domestic Violence Centers To Provide Non-Residential Outreach Services, Required The Centers To Seek A Certain Amount Of Public And Private Funding, And Instructed For The Justice System To Use The Batterers’ Intervention Programs. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1231, which “amend[ed] current law to recognize that domestic violence is a significant public health threat that has adverse physical, emotional, and financial impact on Florida families. The bill also amend[ed] current law to add nonresidential outreach services to the list of minimum services a certified domestic violence center must provide. It clarifie[d] current law to require certified domestic violence centers to obtain public and private funding in an amount of at least 25 percent of the amount of funding the center receives from the Domestic Violence Trust Fund and permits certified domestic violence centers to carry forward, from one fiscal year to the next, unexpended state funds in a cumulative amount not to exceed eight percent of their total contract with the DCF. The bill amend[ed] s. 741.32, F.S., requiring the DCF to certify and monitor Batterers’ Intervention Programs (BIPs) to be used by the justice system. The bill revive[d], reenact[ed], and amend[ed] s. 741.327, F.S., to authorize the DCF to adopt rules on procedures for the certification and monitoring of BIPs. The bill also amend[ed] current law to permit certified BIPs to use a cognitive behavioral model or a psychoeducational model in its program content.” [Florida Senate, Accessed on 10/5/22; Florida Senate, H.B. 1231]
2019: Ron DeSantis Signed Into Law Legislation That Provided Immunity From Alcohol Or Drug Overdose Prosecutions To Individuals Who Provided Alcohol To Minors And Sought Medical Assistance, Minors Suffering An Overdose Who Sought Medical Assistance, And Individuals Who Possessed Drug Paraphernalia Or Under 10 Grams Of A Controlled Substance And Sought Medical Assistance. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 595, which “create[d] s. 562.112, F.S., which provides immunity from arrest, charge, prosecution, or penalty for selling, giving, or serving alcohol to a person under 21 years of age or possession of alcohol by such person. This immunity applies to: A person who gives alcohol to an individual under 21 years of age and who, acting in good faith, seeks medical assistance for the individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose, if the evidence for such offense was obtained as a result of the person’s seeking medical assistance. The person must remain at the scene until emergency medical services personnel arrive and must cooperate with such personnel and law enforcement officers at the scene. A person who experiences, or has a good faith belief that he or she is experiencing, an alcohol-related or a drug-related overdose and is in need of medical assistance, if the evidence for such offense was obtained as a result of the person’s seeking medical assistance. The bill also amend[ed] s. 893.21, F.S., to provide immunity from arrest, charge, prosecution, or penalty for use or possession of drug paraphernalia or drug possession, excluding possession of 10 grams or more of certain Schedule I or Schedule II controlled substances. This immunity applies to: A person acting in good faith who seeks medical assistance for an individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose, if the evidence for such offense was obtained as a result of the person’s seeking medical assistance. A person who experiences, or has a good faith belief that he or she is experiencing, an alcohol-related or a drug-related overdose and is in need of medical assistance, if the evidence for such offense was obtained as a result of the person’s seeking medical assistance. Such person may not be penalized for a violation of a condition of pretrial release, probation, or parole if the evidence for such violation was obtained as a result of their seeking medical assistance. Protection under s. 562.112, F.S., or s. 893.21, F.S., from arrest, charge, prosecution, or penalization may not be grounds for suppression of evidence in other criminal prosecutions.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 595]
- The Bill Aimed To Curtail The Number Of People Who Die From Drug Or Alcohol Overdoses By Shielding People From Prosecution If They Seek Medical Help For Themselves Or Someone Else Suffering From An Overdose. According to the Tampa Bay Times, “Every year, tens of thousands of people die in Florida from drug or alcohol overdoses. To curtail those numbers, the Florida Legislature on Wednesday passed legislation that would shield people from arrest or prosecution of certain crimes if they seek medical help for themselves or someone else undergoing a drug or alcohol overdose. The Senate on Wednesday unanimously passed a measure (HB 595) that would expand the state’s Good Samaritan Act, enacted in 2012.” [Tampa Bay Times, 4/25/19]
- The Bill Extended Immunity From Prosecution To Individuals In Possession Of Drug Paraphernalia Or Under 10 Grams Of A Controlled Substance If They Seek Medical Help With A Drug Or Alcohol Overdose. According to the Tampa Bay Times, “The proposal now on its way to Gov. Ron DeSantis would extend the immunity to people who are in possession of drug paraphernalia or less than 10 grams of a controlled substance if they seek medical assistance with a drug or alcohol overdose.” [Tampa Bay Times, 4/25/19]
- The Bill Gave Immunity Under Certain Circumstances To An Individual For Providing Alcohol To A Person Under The Age Of 21 Or Possessing Or Consuming Alcohol Under The Age Of 21. According to the Tampa Bay Times, “The measure, sponsored by Rep. David Silvers, D-Palm Beach, is aimed at encouraging people to seek medical assistance by providing immunity under certain circumstances for giving alcohol to a person younger than 21 years of age or possessing or consuming alcohol when under 21 years of age.” [Tampa Bay Times, 4/25/19]
- The Bill Required Individuals To Remain On The Scene And Cooperate With Police Officers And Medical Personnel For Them To Qualify For Alcohol-Related Overdose Immunity. According to the Tampa Bay Times, “To receive immunity in instances of an alcohol-related overdose, individuals must remain at the scene and cooperate with law enforcement and medical personnel, something not required for people who seek help for a drug-related overdose.” [Tampa Bay Times, 4/25/19]
2019: Ron DeSantis Signed Into Law Legislation That Rescheduled Epidiolex, An FDA-Approved Drug That Contains Cannabidiol And Treats Two Severe Forms Of Childhood Epilepsy, From Schedule I To Schedule V. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7107, which “amend[ed] s. 893.03, F.S., Florida’s controlled substance schedules, to reschedule the following substance from Schedule I to Schedule V: a drug product in finished dosage formulation which has been approved by the United States Food and Drug Administration (FDA) and which contains cannabidiol (CBD) derived from cannabis and no more than 0.1 percent tetrahydrocannabinols. This scheduling language currently applies only to Epidiolex®, a pharmaceutical oral solution which contains highly purified CBD and which is used for the treatment of seizures associated with two rare and severe forms of epilepsy. Epidiolex® is the only CBD product currently approved by the FDA. The bill codifie[d] an emergency rule adopted by the Florida Attorney General, which reschedules the described drug product from Schedule I to Schedule V. This rescheduling is consistent with federal law. The bill also amend[ed] the definition of the term ‘cannabis’ in s. 893.02, F.S., to indicate that the term does not apply to Epidiolex® or any future CBD-derived drug product that may be covered by the Schedule V drug scheduling language created by the bill. This change is consistent with an exception to that term that covers medical marijuana manufactured, possessed, sold, purchased, delivered, distributed, or dispensed from a medical marijuana dispensary in conformance with s. 381.986, F.S. Epidiolex® is a prescription medication and is dispensed from a pharmacy pursuant to a physician’s prescription.” [Florida Senate, Accessed on 9/1/22; Florida Senate, H.B. 7107]
- The Bill Moved Epidiolex From A Schedule I Substance To A Schedule V Substance After It Became The First FDA-Approved Drug That Contains A Cannabis Chemical And Is Used To Treat Seizures In Children. According to Florida Politics, “Gov. Ron DeSantis on Friday signed into law a bill expressly allowing a drug for child epilepsy patients that contains CBD, a ‘non-euphoric’ chemical from cannabis. The Governor approved the measure (HB 7107) without comment. It applies to a drug known as Epidiolex, the ‘first FDA-approved drug that contains a purified substance derived from marijuana’ and is used to treat seizures in children. The bill, passed unanimously by both chambers this Session, specifically changes the drug’s classification in state law from a Schedule I substance to Schedule V.” [Florida Politics, 6/29/19]
- October 2018: Florida’s Then-Attorney General Pam Bondi Issued An Emergency Rule That Permitted Epidiolex In Florida. According to Florida Politics, “The bill follows a move last October by then-Attorney General Pam Bondi, who issued an emergency rule allowing the drug in Florida.” [Florida Politics, 6/29/19]
- Epidiolex Could Be Used By As Many 4,000 Epileptic Kids In Florida That Suffer From Lennox-Gastaut Syndrome And Dravet Syndrome, Which Are Severe Forms Of Childhood Epilepsy. According to Florida Politics, “According to Bondi, as many as 4,000 Florida kids could use the drug. It’s used to treat seizures associated with Lennox-Gastaut syndrome, and Dravet syndrome, severe forms of epilepsy that begin in early childhood.” [Florida Politics, 6/29/19]
2021: Ron DeSantis Signed Into Law Legislation That De-Scheduled Epidiolex From Schedule V Drugs, In Accordance To The U.S. Drug Enforcement Administration De-Scheduling Epidiolex At The Federal Level. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 6095, which “amend[ed] s. 893.03, F.S., which contains Florida’s controlled substance schedules, to remove the following substance from Schedule V: a drug product in finished dosage formulation which has been approved by the U.S. Food and Drug Administration (FDA) and contains cannabidiol (CBD) derived from cannabis and no more than 0.1 percent residual tetrahydrocannabinols. The bill also makes conforming changes to the definition of ‘cannabis’ in s. 893.02, F.S. In 2019, the Legislature placed the previously-described language in Schedule V. As of 2021, the scheduling language has only applied to Epidiolex®, the first pharmaceutical oral solution containing highly purified CBD to be approved by the FDA. It is used for the treatment of seizures associated with two rare and severe forms of epilepsy. While making Epidiolex® a Schedule V controlled substance was consistent with the federal scheduling in 2019, the substance has since been descheduled by the U.S. Drug Enforcement Administration. Therefore, the bill’s removal of the Schedule V language (and the descheduling of Epidiolex®) is consistent with federal descheduling action.” [Florida Senate, Accessed on 10/10/22; Florida Senate, H.B. 6095]
- In Accordance To Federal Law, The Bill Removed Epidiolex From The Schedule Of Addictive Drugs, Which Is Prescription Cannabidiol Product That Issued For Seizure Treatment. According to Shumaker, Loop & Kendrick, LLP via JD Supra, “HB 6095 aligns Florida statute with federal law, removing Epidiolex from the schedule of addictive drugs. Epidiolex is a prescription cannabidiol, a non-psychoactive compound derived from the cannabis plant, which is used to treat seizures.” [Shumaker, Loop & Kendrick, LLP via JD Supra, 6/25/21]
- The Florida Legislature Previously Moved Epidiolex From Schedule I To Schedule V, But The Bill No Longer Subjected Epidiolex To Schedule V Reporting Requirements. According to Shumaker, Loop & Kendrick, LLP via JD Supra, “The legislature previously moved Epidiolex from Schedule I to Schedule V, and this bill seeks to mirror the adjustment by the Drug Enforcement Administration (DEA.) Since Epidiolex is derived from the cannabis plant and contains no THC, it meets the definition of hemp under Florida law and will not revert to classification as a Schedule I controlled substance. Additionally, the drug is no longer subject to Schedule V reporting requirements upon prescription. The bill takes effect upon becoming a law.” [Shumaker, Loop & Kendrick, LLP via JD Supra, 6/25/21]
2019: Ron DeSantis Signed Into Law Legislation That Legalized The Cultivation, Distribution, And Sale Of Industrial Hemp, In Accordance To The Federal 2018 Farm Bill. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1020, which “authorize[d] the Department of Agriculture and Consumer Services (department) to create a state industrial hemp program to administer and oversee the cultivation of hemp. The Agricultural Improvement Act of 2018 (2018 Farm Bill) legalized the industrial use of hemp and removed it from the U.S. Drug Enforcement Agency’s list of controlled substances, separating it from marijuana and placing it under the supervision of the U.S. Department of Agriculture. The 2018 Farm Bill also permits the United States Secretary of Agriculture to review and approve a state or Indian tribe plan to serve as the primary regulatory authority over the production of hemp in their state or tribal territory. The 2018 Farm Bill provides the criteria for the state plan. The bill authorize[d] the distribution and retail sale of hemp extract, which is a substance or compound intended for ingestion that is derived from hemp, and does not have a THC concentration exceeding 0.3 percent on a dry weight basis. Before hemp extract may be distributed or sold, it must be analyzed and certified by an independent testing laboratory to confirm that the THC concentration does not exceed 0.3 percent on a dry-weight basis. The bill also provide[d] package labeling requirements for hemp extract products.” [Florida Senate, Accessed on 8/23/22; Florida Senate, S.B. 1020]
- The Bill Authorized The Florida Department Of Agriculture To Regulate The Licensing And Cultivation Of Hemp Under An Industrial Hemp Program. According to Florida Politics, “Gov. Ron DeSantis closed out Tuesday signing a raft of 15 bills, including legislation authorizing a state hemp program. SB 1020, which creates an industrial hemp program under the auspices of the state’s Department of Agriculture, cleared the Senate and House by unanimous votes this Session. The bill, sponsored by Senate Appropriations Chairman Rob Bradley, would allow the Department to administer regulations regarding licensing and cultivation of hemp, the THC-deficient cousin of marijuana.” [Florida Politics, 6/26/19]
- The Bill Established A Framework To Guarantee Purity And Compliance Of Cultivated Hemp For The Protection Of Consumers. According to Florida Politics, “In addition to industry regulations, the bill also establishes a structure to ensure the purity and compliance of cultivated product for the protection of consumers.” [Florida Politics, 6/26/19]
2019: Ron DeSantis Signed Into Law Legislation That Repealed The Medical Marijuana Smoking Ban. In March 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 182, which “amend[ed] various sections of the Florida Statutes related to the medical use of marijuana. The bill: Remove[d] language from the definition of “medical use” of marijuana (cannabis) indicating that medical use does not include the possession, use, or administration of marijuana in a form for smoking or the possession, use, or administration of marijuana flower except for flower in a sealed, tamper-proof receptacle for vaping. This eliminate[d] the prohibition against the smoking of medical marijuana.” [Florida Senate, Accessed on 8/19/22; Florida Senate, S.B. 182]
- The Bill Repealed Florida’s Prohibition On Smoking Medical Marijuana. According to the St. Augustine Record, “Pointing to the ‘will of the voters,’ Gov. Ron DeSantis on Monday signed into law a measure repealing Florida’s ban on smokable medical marijuana.” [St. Augustine Record, 3/20/19]
- Governor Ron DeSantis Gave The State Legislature Until March 15, 2019 To Repeal The Medical Marijuana Smoking Ban And Threatened To Drop Florida’s Appeal Of A Court Decision That Ruled That The State’s Smoking Prohibition Was Unconstitutional. According to the St. Augustine Record, “Shortly after he took over as governor in January, DeSantis gave the Legislature until March 15 to do away with the smoking ban. If they didn’t act, the Republican governor threatened to drop the state’s appeal of a court decision that found the smoking prohibition violated a constitutional amendment broadly legalizing medical marijuana in Florida.” [St. Augustine Record, 3/20/19]
- 2017: The Republican Legislature Included A Smoking Prohibition Against Medical Marijuana. According to the St. Augustine Record, “The Republican-controlled Legislature included the prohibition against smoking medical marijuana in a 2017 law aimed at carrying out the constitutional amendment.” [St. Augustine Record, 3/20/19]
- The Bill Allowed Patients To Buy Up To 2.5 Ounces Of Marijuana For Smoking Every 35 Days And Permitted Cannabis Possession Up To Four Ounces At Any Time. According to the St. Augustine Record, “But the House and Senate made a series of concessions in reaching agreement on lifting the smoking ban. They agreed on a compromise measure (SB 182) that allows patients to purchase up to 2.5 ounces of marijuana for smoking every 35 days and have up to 4 ounces of cannabis in their possession at any time.” [St. Augustine Record, 3/20/19]
- The Bill Allowed Terminally Ill Children To Smoke Medical Marijuana If They Had A Second Opinion From A Pediatrician. According to the St. Augustine Record, “Under the new law, which went into effect immediately, terminally ill children can smoke the cannabis treatment, but only if they have a second opinion from a pediatrician.” [St. Augustine Record, 3/20/19]
- The Bill Prohibited Smoking Medical Marijuana In Public Spaces. According to The St. Augustine Record, “Smoking of medical marijuana in public places is banned.” [St. Augustine Record, 3/20/19]
2022: Ron DeSantis Signed Into Law Legislation That Made The Public Records Exemption Permanent Over Personal Identifying Information Of Patients, Caregivers And Physicians Related To Florida’s Medical Marijuana Program. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7002, which “amend[ed] s. 381.987, F.S., to save from repeal the public records exemption for certain personal identifying information of patients, caregivers, and physicians held by the Department of Health (DOH) relating to Florida’s medical marijuana program. Specifically, the section being saved from repeal makes confidential and exempt from the public records requirements of s. 119.07(1), F.S., and Art. I, s. 24(a), State Constitution: A patient’s or caregiver’s personal identifying information held in the DOH’s medical marijuana use registry (MMUR); All personal identifying information collected for the purpose of issuing MMUR identification cards; All personal identifying information pertaining to a physician certification for medical marijuana; and A qualified physician’s Drug Enforcement Administration (DEA) number, residential address, and government-issued identification card. The section requires the DOH to allow access to confidential and exempt information under specified circumstances and specifies that any information released by the DOH remains confidential and exempt and that the person who receives the information must maintain the information’s confidential and exempt status. The bill also ma[de] two non-substantive, stylistic, or statutory clean-up changes. Under preexisting law, the public records exemption would stand repealed on October 2, 2022, unless reviewed and reenacted by the Legislature under the Open Government Sunset Review Act. This bill remove[d] the scheduled repeal of the exemption in order to continue the confidential and exempt status of the information.” [Florida Senate, Accessed on 10/31/22; Florida Senate, S.B. 7002]
2022: Ron DeSantis Signed Into Law Legislation That Enhanced Penalties For Distributing Or Selling Opioids In Florida By Punishing Drug Dealers With First Degree Murder Charges If An Individual Death’s Was Caused By The Drug And Increased The Mandatory Minimum Term Of Imprisonment For Fentanyl Trafficking. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 95, which “amend[ed] s. 782.04, F.S., which punishes an adult for first degree murder if the adult unlawfully distributes a listed controlled substance or a mixture containing the substance, when it is proven that the substance or mixture was the proximate cause of a user’s death. The bill add[ed] methamphetamine to the list of scheduled controlled substances applicable to the offense and makes conforming changes. The bill increase[d] the mandatory minimum term of imprisonment for trafficking 14 grams or more, but less than 28 grams, of fentanyl or fentanyl analogues. Current law provides that the minimum mandatory term of imprisonment for the offense is 15 years, the bill increase[d] the minimum mandatory to 20 years.” [Florida Senate, Accessed on 10/14/22; Florida Senate, H.B. 95]
- The Bill Implemented The Recommendations Of The Statewide Task Force On Opioid Abuse, Which Was Tasked To Create Strategies To Tackle The Opioid Epidemic. According to a press release from Governor Ron DeSantis, “HB 95 implements recommendations of the Statewide Task Force on Opioid Abuse, which was created by Governor DeSantis in 2019 to develop a statewide strategy and identify best practices to combat the opioid epidemic through education, treatment, prevention, recovery, and law enforcement.” [Press Release - Governor Ron DeSantis, 5/19/22]
- The Bill Included Methamphetamine To The Specific Controlled Substance List, Which Could Convict The Substance Distributor For First Degree Felony Murder If A Person Were To Die From The Drug. According to Press Release - Governor Ron DeSantis, “Adds methamphetamine to the list of specified controlled substances which, if the substance causes the death of a person, can subject the person who distributed the controlled substance to a conviction for first degree felony murder.” [Press Release - Governor Ron DeSantis, 5/19/22]
- The Bill Increased The Penalties For Controlled Substance Sales Within 1,000 Feet Of A Treatment Center And Increased The Mandatory Minimum Sentence For Fentanyl Trafficking To 7 Years For 4 To 14 Grams And 15 To 208 Years For 14 To 28 Grams. According to Press Release - Governor Ron DeSantis, “Enhances the penalties for the sale of a controlled substance within 1,000 feet of substance abuse treatment facilities. Increases the mandatory minimum sentence for trafficking fentanyl from 3 years to 7 years for 4-14 grams, and from 15 to 20 years for 14-28 grams.” [Press Release - Governor Ron DeSantis, 5/19/22]
- The Bill Broadened Prosecutors’ Ability To Seek First-Degree Murder Charges Against Drug Dealers If Overdoses Lead To The Person’s Death, But The Bill Did Not Decriminalize Fentanyl Test Strips. According to Florida Politics, “The measure (HB 95), which takes effect Oct. 1, will broaden a prosecutor’s ability to pursue a first-degree murder charge against a dealer if a drug overdose leads to a person’s death. However, the Republican-led Legislature did not decriminalize fentanyl test strips during ping-pong negotiations over the controlled substance bill in the waning hours of the 2022 Session.” [Florida Politics, 5/19/22]
- The Bill Decreased The Standard That Prosecutors Must Meet In Order To Impose A Capital Offense A Drug Dealer By Requiring The State Attorney To Prove The Drugs Were A “Substantial Factor” In The Death Of The Person That Consumed The Drug. According to Florida Politics, “Under current law, a drug dealer may face the death penalty — or life in prison — if they sell a controlled substance that verifiably caused the death of a consumer. But prosecutors often struggle to convict in cases involving multiple controlled substances or alcohol. The bill will lower the standard that prosecutors must meet to levy a capital offense against a dealer. The State Attorney will only have to show the drugs were a ‘substantial factor’ in a person’s death.” [Florida Politics, 5/19/22]
- Opposed By ACLU Of Florida And The Florida NAACP, Critics Argued The Bill Would Increase Cases Charged With The Death Penalty. According to Florida Politics, “Throughout the committee process, the measure faced stiff opposition from activists and criminal justice reform groups, including the ACLU of Florida and the NAACP Florida State Conference. Critics warned the proposal will likely increase the amount of death penalty cases and appeals at a time when public opinion around the issue is mixed.” [Florida Politics, 5/19/22]
2021: Ron DeSantis Signed Into Law Legislation That Enhanced Criminal Penalties For Falsely Reporting Crimes. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 371, which “[p]rovide[d] enhanced criminal penalties for willful making of false reports of crimes in certain circumstances; require[d] restitution.” [Florida Senate, Accessed on 9/30/22; Florida Senate, H.B. 371]
- The Bill Was Aimed To Prevent “Swatting,” An Online Trend In Which People Intentionally Reported False Crimes, Like Hostage Situations Or Murders. According to Florida Politics, “Gov. Ron DeSantis signed legislation Friday that would increase penalties for falsely reporting a crime. During the recent Legislative Session, lawmakers unanimously passed that bill (HB 371) to crack down on ‘swatting,’ an internet trend in which a perpetrator intentionally and falsely calls to report a dangerous crime like a hostage situation or a murder.” [Florida Politics, 6/5/21]
- The Bill Made It A Second Degree Felony For Falsely Reporting A Crime That Prompts A Police Response That Leads To A Death And Made It A Third Degree Felony If The Swatting Event Led To Bodily Injuries. According to Florida Politics, “Under the bill, a person who falsely reports a crime and prompts a police response that leads to a death can face a second-degree felony. Moreover, a swatting event that leads to ‘great bodily harm’ will incur a third-degree felony. Additionally, someone who falsely reports a crime may be on the hook for response expenses.” [Florida Politics, 6/5/21]
2020: Ron DeSantis Signed Into Law Legislation That Established Protections For Investors Over The Age Of 65 And Vulnerable Adults Who May Be Victims Of Financial Exploitation, Including By Allowing Securities Dealers And Investment Advisers To Delay Transactions From The Account Of The Specified Or Vulnerable Adult. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 813, which “provide[d] additional protections for investors who are specified adults (age 65 years or older) or vulnerable adults who may be victims of suspected financial exploitation. A vulnerable adult is a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. The bill allow[ed] securities dealers and investment advisers to delay disbursements or transactions of funds or securities from an account of a specified adult or a vulnerable adult.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 813]
¶ DIRECT-SUPPORT ORGANIZATION, HUMAN TRAFFICKING TRAININGS, AND WORKPLACE POSTINGS
2019: Ron DeSantis Signed Into Law Anti-Human Trafficking Legislation, Including To Establish A Direct-Support Organization Tasked With Supporting The Statewide Council On Human Trafficking And Require Certain Licensees To Complete Human Trafficking Trainings And Post Public Awareness Signs In The Workplace. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 851, which “[r]equire[d] Department of Legal Affairs to establish certain direct-support organization; provides for future review & repeal; provide[d] for instruction on human trafficking; require[d] specified licensees or certificate holders to post human trafficking public awareness signs in place of work; provide[d] penalties; require[d] specified continuing education for certain persons; require[d] Department of Law Enforcement to establish continued employment training component relating to human trafficking; provide[d] appropriation. APPROPRIATION: $250,000.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 851]
- The Bill Required Law Enforcement, Hotel Workers, And Massage-Parlor Employees To Undergo Training On How To Recognize Human Trafficking Signs. According to Wink News, “Florida lawmakers late Friday passed legislation that would require police, hotel employees and massage-parlor workers to get training in how to recognize signs of human trafficking.” [Wink News, 5/8/19]
- The Bill Created A “Prostitution Public Database,” Which Would Include Criminal Records Of Individuals Convicted Of Soliciting Prostitution In Florida. According to Wink News, “The bill would create a Prostitution Public Database, which would include criminal-history records of people convicted of soliciting prostitution in the state.” [Wink News, 5/8/19]
- Consensual Sex Workers Argued The Bill Threatened Them Of Being Reported As Human Trafficking Victims By Hotel Employees And They Opposed The Creation Of The “Prostitution Public Database” Because It Shamed Sex Workers. According to Wink News, “As lawmakers considered the bill during the legislative session, it drew backlash from some women who identified themselves as ‘consensual sex workers.’ They criticized the bill for putting them in danger of being reported to police as trafficking victims by hotel workers. They also opposed the bill’s creation of the database, which they argued would shame consensual sex workers too.” [Wink News, 5/8/19]
2020: Ron DeSantis Signed Into Law Legislation That Extended The Public Records Exemption For Location Information Of Safe Houses, Safe Forster Homes And Other Facilities That House Child Victims For Sexual Exploitation And Adult Victims Of Sex Trafficking. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 7013, which “amend[ed] ss. 409.1678 and 787.06, F.S., to save from repeal the public record exemptions relating to location information of safe houses, safe foster homes, other residential facilities serving child victims of commercial sexual exploitation, and residential facilities serving adult victims of human trafficking involving commercial sexual activity, respectively. The exemptions contained in ss. 409.1678 and 787.06, F.S., are scheduled to repeal on October 2, 2020. This bill remove[d] these scheduled repeals to continue the confidential and exempt status of the information.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 7013]
2020: Ron DeSantis Signed Into Law Legislation That Made Permanent The Public Records Exemption For Identity Information Of Human Trafficking Victims Contained In Criminal Intelligence Information Or Criminal Investigations. In September 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 7019, which “amend[ed] ss. 943.0583 and 119.071, F.S., to save from repeal the current exemptions from public records disclosure for certain criminal intelligence information or criminal investigative information that reveals the identity of victims of human trafficking. The original public necessity statement for the bill provides that the identity of victims of human trafficking is of a sensitive personal nature. Without this exemption, the release of identifying information may cause further trauma or cause unwarranted damage to the good name or reputation of the victim. Furthermore, victims of human trafficking who have been convicted of crimes committed at the direction of their traffickers are themselves victims of crime. Without the public records exemption these victims face barriers to employment and other life opportunities. Sections 943.0583 and 119.071(2)(h), F.S., relating to information regarding victims of human trafficking, is subject to the Open Government Sunset Review Act and stands repealed on October 2, 2020, unless reviewed and saved from the repeal through reenactment by the Legislature. This bill removes this repeal language.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 7019]
¶ CONFIDENTIAL COMMUNICATIONS BETWEEN VICTIMS AND ADVOCATES AND AMENDING DEFINITION OF HUMAN TRAFFICKING
2021: Ron DeSantis Signed Into Law Legislation That Considered Communications Between A Human Trafficking Victim And An Advocate Or Trained Volunteer To Be Confidential, Prohibited Human Trafficking Of An Adult Believed To Be Younger Than 18, And Prohibited Clerks From Charging Fees To Expunge The Records Of Human Trafficking Victims. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1826, which “[p]rovid[ed] that a communication between a human trafficking victim advocate or trained volunteer and a human trafficking victim is confidential in certain circumstances; prohibit[ed] a person from engaging in specified criminal acts relating to human trafficking with an adult believed to be a child younger than 18 years of age; prohibit[ed] a clerk of the court from charging certain fees for petitions for expunction of human trafficking victim criminal history records; requir[ed] a court to impose specified conditions on probationers or community controllees who are placed under supervision for committing a specified human trafficking offense on or after a certain date, etc.” [Florida Senate, Accessed on 10/6/22; Florida Senate, S.B. 1826]
2022: Ron DeSantis Signed Into Law Legislation That Required The Statewide Council On Human Trafficking To Study How Social Media Platforms Facilitate Human Trafficking In Florida And Develop Recommendations To Prevent Such Usage. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 615, which “require[d] the Statewide Council on Human Trafficking (Statewide Council) to evaluate how social media platforms are used to facilitate human trafficking within Florida and to make recommendations on how to stop or prevent them from being used for such purposes. The bill also require[d] certain entities to develop and implement training related to human trafficking, including to require: The direct-support organization of the Statewide Council to develop training on human trafficking for fire safety inspectors which is eligible for continuing education credit; and Foster parents and agency staff to complete preservice and inservice training on human trafficking at specified intervals.” [Florida Senate, Accessed on 10/21/22; Florida Senate, H.B. 615]
2022: Ron DeSantis Signed Into Law Legislation That Allowed Courts To Order Juvenile Offenders On “Supervised Release Detention Care” Until Their Adjuratory Hearing And Required Hearings To Determine The Continuation Of The Detention Care Or Placement In A Detention Facility. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 7029, which “[a]uthorize[d] court to order child on supervised release detention care to comply with specified conditions; authorize[d] court to place child on supervised release detention care for any time period; provide[d] exception; specifie[d] time period for which court may order child to be held in secure detention care; authorize[d] extension of secure detention; require[d] specified findings; require[d] hearing to determine continued need for secure detention.” [Florida Senate, Accessed on 11/1/22; Florida Senate, H.B. 7029]
- The Bill Modified How Long Juvenile Offenders Could Be Held Under Detention Care Before Their Adjudicatory Hearings. According to WLRN, “Gov. Ron DeSantis on Monday received three bills from the Legislature, including one that would make changes in how long juveniles can be held in ‘detention care’ before adjudicatory hearings.” [WLRN, 6/7/22]
- Before The Bill, Courts Could Only Place Juvenile Offenders In Detention Care For 21 Days Unless Hearings Had Commenced, And If The Time Exceeded 21 Days, A Court Could Have Released The Juvenile Before The Hearing. According to WLRN, “Currently, courts can only place juveniles in detention care for 21 days unless hearings have started. ‘However, in many juvenile cases, the time period required to commence an adjudicatory hearing far exceeds 21 days or even 30 days,’ a House staff analysis of the bill (HB 7029) said. ‘As such, under current law, a court may be required to release a child from detention care prior to his or her adjudicatory hearing, even under circumstances where the court finds such release inappropriate.’” [WLRN, 6/7/22]
- The Bill Authorized A Court To Order Juveniles To Be Placed Under “Supervised Release Detention Care” For Time As Needed Until Their Adjudicatory Hearings. According to WLRN, “Under the bill, a court could order juveniles to be placed in what is known as ‘supervised release detention care’ for any period of time until adjudicatory hearings are held.” [WLRN, 6/7/22]
- With Supervision By The Department Of Juvenile Justice, “Supervised Release Detention Care” Would Be In Custody Of Parents Or Guardians, And After 60 Days, They Would Need To Undergo Another Hearing To Determine Detention Continuation. According to WLRN, “Such placement would be in the custody of parents or guardians under supervision of the Department of Juvenile Justice, If minors have been under supervised detention for 60 days, the measure would require that separate hearings be held to determine if the supervised detention should continue.” [WLRN, 6/7/22]
- The Bill Authorized Courts To Extend The Detention Period By Increments Of 21 Days For Serious Juvenile Offenders Who Were Held In Detention Facilities Before Their Adjudicatory Hearings. According to WLRN, “For minors who are held in detention facilities ahead of adjudicatory hearings, the measure would allow courts to extend the detention period in 21-day increments for serious offenses.” [WLRN, 6/7/22]
2021: Ron DeSantis Signed Into Law Legislation That Expanded Authorized Drone Usage By Law Enforcement Agencies For Specific Purposes, Such as Obtaining Aerial Perspective Of Crowds Of Over 50 People And Gathering Evidence. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 44, which “[e]xpand[ed] the authorized uses of drones by law enforcement agencies and other specified entities for specified purposes; require[ed] the Department of Management Services, in consultation with a specified officer, to publish a list of approved drone manufacturers meeting specified security standards; requir[ed] governmental agencies to discontinue the use of specified drones by a certain date; requir[ed] the department to establish minimum security standards for governmental agency drone use, etc.” [Florida Senate, Accessed on 9/28/22; Florida Senate, H.B. 44]
- It Used To Be Illegal For Law Enforcement In Florida To Use Drones To Surveil Crows Or Collect Evidence. According to Spectrum News 13, “It used to be illegal for Florida law enforcement to use drones with intent to surveil crowds or gather evidence. This is no longer the case. On June 29, Gov. Ron DeSantis signed Senate Bill 44 into law, expanding law enforcement agencies’ authorized use of drones.” [Spectrum News 13, 7/22/21]
- The Bill Deleted Warrant Requirements For Law Enforcement Use Of Drones And Authorized Law Enforcement Agencies To Use Drones To Obtain An “Aerial Perspective Of A Crowd” Greater Than 50 And Collect Evidence From Crime And Traffic Crash Scenes. According to Spectrum News 13, “Under the previous 2013 state law, law enforcement could not legally use a drone in Florida to conduct surveillance on an individual or property ‘in violation of such person’s reasonable expectation of privacy without his or her written consent.’ Any cases of search or investigation with a drone needed to come with a search warrant or be deemed terrorist or ‘imminent danger to life’ situations. The 2021 legislation deleted those warrant requirements, opening the door for drones to be used by law enforcement agencies to get an ‘aerial perspective of a crowd of 50 people or more,’ gather evidence from crime and traffic crash scenes, assist with traffic management and more.” [Spectrum News 13, 7/22/21]
- The Bill Expanded Drone Usage For Firefighters, Rangers, And Other First Responders. According to Spectrum News 13, “The new law also expands the use of drones for firefighters, rangers and other first responders. In cases of natural disasters, the technology could provide a vantage point to assess damage and search for survivors. For vegetation and wildlife, it could help in surveying public land and water to mitigate threats of wildfires and floods.” [Spectrum News 13, 7/22/21]
- The Bill Did Not Permit Law Enforcement To Issue Traffic Citations Based On Images Or Recordings Captured By Drones. According to Spectrum News 13, “According to the bill, what the new law will not allow is the issuing of traffic citations based on images or videos captured by drones. It should also not allow for infringement of Amendment 4 Constitutional privacy rights — something critics have said is anything but guaranteed.” [Spectrum News 13, 7/22/21]
- According To The ACLU Of Florida, The Bill’s Language Was Too Broad To Know How Much Monitoring Or Information Gathered Would Result From The Drone Usage Expansion And Stressed That The Bill Raised Freedom And Privacy Concerns, Especially Regarding Gatherings And Marches. According to Spectrum News 13, “Although several committees amended the law to require some restrictions to protect individuals’ rights, ACLU of Florida Political Director Kirk Bailey said the language in the bill is so broad, it could lead to a patchwork of policies. ‘(People) can be monitored by this technology, and it’s really unclear both the extent of the monitoring or what the information gathered will be used for,’ he said. Bailey said the new law raises a specter of serious liberty and privacy concerns, especially when it comes to gatherings and marches. ‘I think you would have second thoughts about whether or not you’re going to go to that rally,’ he said. ‘And I think it becomes even more intense when you’re talking about marginal or at-risk communities.’” [Spectrum News 13, 7/22/21]
- 2020: The Florida Legislature Rejected A Bill That Expanded Drone Usage Due To Concerns Over Unreasonable Searches And Seizures. According to Spectrum News 13, “Bailey’s critiques are not a new notion. In 2020, Republican Sen. Joe Gruters (District 23) of Sarasota proposed similar legislation to expand the use of drones, but his Senate Bill 520 didn’t fly. The bill mainly failed to take off due to bipartisan concerns over potential unreasonable searches and seizures. But that was before the murder of George Floyd last summer, and the nationwide protests over race and policing in the months that followed. For the 2021 legislative session, representatives and senators in Florida’s Republican-controlled Legislature showed up with several bills inspired by those demonstrations. Making national headlines was House Bill 1, ‘Combating Public Disorder,’ which became widely called the ‘anti-riot’ bill.” [Spectrum News 13, 7/22/21]
¶ PROTECTIONS FOR POLICE CANINES AND HORSES
2019: Ron DeSantis Signed Into Law Legislation That Enhanced The Criminal Penalty To A Second Degree Felony For Intentionally Harming Or Killing A Police, Fire Or Search And Rescue Canine Or Police Horse. In April 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 96, which “increase[d] the penalty from a third degree felony to a second degree felony for intentionally and knowingly, without lawful cause or justification, causing great bodily harm, permanent disability, or death to, or using a deadly weapon upon, a police, fire, or search and rescue (SAR) canine, or a police horse. The bill ma[de] corresponding changes to the offense severity ranking chart. The bill expand[ed] the definitions of police canine and SAR canine to include a canine that is owned, or the service of which is employed, by a correctional agency. The bill also replace[d] the word ‘dog’ with the word ‘canine’ in ss. 767.16 and 843.19, F.S.” [Florida Senate, Accessed on 8/19/22; Florida Senate, S.B. 96]
2019: Ron DeSantis Signed Into Law Legislation That Defined The Term “Home Addresses” To Expand Public Records Exemptions For The Property And Residential Location Of Active Or Former Law Enforcement Officers And Their Families. In April 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 248, which “amend[ed] s. 119.071(4)(d), F.S., which contains several public records exemptions for home addresses and various other information identifying specified agency personnel and officials and their families. The bill expand[ed] these public records exemptions by defining the term ‘home addresses,’ a previously undefined term, as the dwelling location at which an individual resides and includes the physical address, mailing address, street address, parcel identification number, plot identification number, legal property description, neighborhood name and lot number, GPS coordinates, and any other descriptive property information that may reveal the home address. The bill also amend[ed] s. 119.071(4)(d)2.a., F.S., to create a new public records exemption for: Home addresses, telephone numbers, dates of birth, and photographs of active or former civilian personnel employed by a law enforcement agency; Names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel; and Names and locations of schools and day care facilities attended by the children of such personnel.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 248]
- The Bill Expanded The Definition Of The Term “Home Address” To Include Over 30 Descriptions Of Property, Including Parcel Numbers, Plot Identifications, Legal Property Description, And Coordinates. According to the Tallahassee Democrat, “CS/SB 248 Exemption/Home address: This expands the definition of ‘home address’ to include some 30-plus property descriptors, including parcel numbers, plot IDs, legal property descriptions and GPS coordinates.” [Tallahassee Democrat, 5/13/19]
- The Bill Would Prevent A Civilian From Finding Out Whether A Local Police Chief Owns Property That The City Would Want To Purchase For New Police Headquarters. According to the Tallahassee Democrat, “Want to know if the local police chief owns the land the city wants to buy for a new police headquarters? Too bad. Already signed into law by the governor. It expands existing exemptions to include identifying information of active or retired civilian employees of law enforcement agencies, their spouses and children, and the schools they attend.” [Tallahassee Democrat, 5/13/19]
2020: Ron DeSantis Signed Into Law Legislation That Guaranteed Confidentiality In Peer Support Communications Between A First Responder And First Responder Peer And Prohibited Peer Support From Testifying In Court Over The Communications, With Certain Exceptions. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 573, which “[p]rohibit[ed] certain persons who participate in peer support communication with a first responder from testifying or divulging specified information under certain circumstances; specif[ied] that an allegation or complaint of misconduct against a law enforcement officer or a correctional officer may originate from any source; authoriz[ed] law enforcement and correctional agencies to request a separate agency to conduct an investigation of a complaint under certain circumstances, etc.” [Florida Senate, Accessed on 9/14/22; Florida Senate, H.B. 573]
- 2017: A Marion County Sheriff Deputy Committed Suicide And A Sergeant Suggested That First Responders Needed More Support In Which They Could Discuss With Peers Over Their Work-Related Stress Without Worrying That Their Disclosure Could Hurt Their Careers. According to the Florida Phoenix, “This time, the suicide call led Marion County sheriff’s deputies to one of their own. The victim was Adam Rendall, a 13-year veteran of the department who took his own life in July 2017. Sheriff Billy Woods, in an emotional video message to the county’s citizens announcing the tragedy, pointed to hotlines where people in despair could find help. They included a number specifically geared toward cops. George Wallace, a sergeant in the department, wondered whether the community of first responders – cops, firefighters, paramedics, emergency dispatchers – might need more. What if they were free to discuss with their peers the stress that can build during careers spent cleaning up society’s worst disasters? And could they do it confidentially, free of worry that any suggestion of instability might harm their careers?” [Florida Phoenix, 2/28/20]
- The Bill Was Aimed To Address High Suicide Rates Within Police Officers As State Leaders Grew Worrisome Over Florida’s Lack Of Mental Health Resources For First Responders. According to the Florida Phoenix, “Separate Senate legislation (SB 160) by Keith Perry, a Gainesville Republican, is scheduled for a hearing before the Rules Committee on Monday. Perry has been talking behind the scenes with the sponsors of the House bill, who include Joe Casello, a Democratic former firefighter from Palm Beach County. Wallace is encouraged at the prospects. ‘Overall the bill’s a great bill and will do a lot to combat the police suicide issue that we’re having,’ he said. State leaders have grown increasingly worried about Florida’s relative lack of mental health resources, including for first responders.” [Florida Phoenix, 2/28/20]
¶ PUBLIC RECORDS EXEMPTION - BODY CAMERA RECORDINGS
2020: Ron DeSantis Signed Into Law Legislation That Extended The Public Records Exemption For Law Enforcement Body Camera Recordings If The Recordings Were Taken Inside A Private Residence, Inside A Healthcare Facility, Or In A Place Where A Person Would Expect To Be Private. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 7015, which “save[d] from repeal through reenactment by the Legislature a public records exemption in s. 119.071(2)(l), F.S., relating to certain body camera recordings. A body camera is a portable electronic recording device that is worn on a law enforcement officer’s body and that records audio and video data in the course of the officer performing his or her official duties and responsibilities. Section 119.071(2)(l), F.S., makes a body camera recording, or a portion thereof, confidential and exempt from public disclosure if the recording is taken: Within the interior of a private residence; Within the interior of a facility that offers health care, mental health care, or social services; or In a place that a reasonable person would expect to be private. The public records exemption also specifies when a law enforcement agency may or must provide disclosure, and also provides for court-ordered disclosure and specifies grounds the court must consider in reaching its decision regarding disclosure.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 7015]
¶ STANDARDS FOR POLICE CONDUCT AND ACCOUNTABILITY
2021: Ron DeSantis Signed Into Law Legislation That Established Standards For Law Enforcement Training And Policies Limiting The Use Of Force, Required Employing Agencies To Maintain Employment Information Of Former Police Officers For At Least Five Years, Required Independent Reports Over Incidents Involving Use-Of-Force, Required Certain Information Disclosures In Applications For Law Enforcement Positions, And Prohibited The Arrest Of Kids Under The Age Of Seven. In May 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 7051, which “[r]equire[d] application for employment or appointment as law enforcement or correctional officer to contain specified disclosures; require[d] background investigation of applicant to include specified information; require[d] employing agencies to maintain employment information for minimum period; require[d] establishment of standards for officer training & policies concerning use of force; require[d] law enforcement agencies to establish policies for specified use of force investigations; require[d] investigation to include an independent report; require[d] report to be submitted to state attorney; require[d] law enforcement agencies to submit specified data to FDLE; prohibit[ed] child younger than certain age from being arrested, charged, or adjudicated delinquent for delinquent act or violation of law.” [Florida Senate, Accessed on 10/11/22; Florida Senate, H.B. 7051]
- The Bill Established Standards For Police Conduct And More Accountability For Law Enforcement And Corrections Officers, And Banned The Arrest Of Minors Under The Age Of Seven For Non-Violent Offenses. According to WFLA News Channel 8, “Florida Gov. Ron DeSantis signed a police reform bill into law among almost 300 that have passed from the 2021 legislative session. The new bill sets standards for police conduct and takes aim at creating more accountability for law enforcement and corrections officers in the state. It also bans the arrest of children under 7 for non-violent offenses.” [WFLA News Channel 8, 6/30/21]
- The Bill Reformed The Operational Standards For Law Enforcement And Corrections Agencies, Including By Requiring Law Enforcement And Correctional Officer Applicants To Submit An Affidavit Disclosing If They Were Ever Subject To Investigations For Criminal, Civil Or Administrative Issues. According to WFLA News Channel 8, “Under HB 7051, operational standards for law enforcement and corrections agencies are up for a revamp, with new requirements taking effect to promote ‘effective policing,’ according to a summary from the Florida Senate. Going forward, those applying for work as a law enforcement officer, correctional officer, or correctional probation officer must submit an affidavit disclosing if they are subject to any pending investigations by local, state or federal agencies or entities for a criminal, civil, or administrative wrongdoing.” [WFLA News Channel 8, 6/30/21]
- The Bill Required Applicants To Disclose Whether They Were Separated Or Resigned From A Previous Criminal Justice Job While Being Investigated. According to WFLA News Channel 8, “According to the new law, whether or not they separated or resigned from a previous criminal justice employment while being investigated, the investigations must be disclosed.” [WFLA News Channel 8, 6/30/21]
- The Bill Required Pre-Employment Background Checks To Include Reasons For Separations From Public Or Private Employment And Required Agencies To Keep Officer Employment Records For At Least Five Years After They Retired, Resigned Or Were Fired. According to WFLA News Channel 8, “Additionally, pre-employment background checks are now required to include acts and reasons for any of an applicants previous separations from private or public employment or appointment, and each employing agency must maintain officer employment records for a minimum of five years after they are terminated, resign or retire.” [WFLA News Channel 8, 6/30/21]
- The Bill Limited Chokeholds To Instances In Which The Police Officers Perceive “Immediate Threat Of Serious Bodily Injury Or Death” To Themselves Or Other People. According to the Tampa Bay Times, “New standards aimed at limiting officers’ use of chokeholds are included in the proposal. Chokeholds would be limited ‘to circumstances where the officer perceives an immediate threat of serious bodily injury or death to himself, herself, or another person’ under the bill.” [Tampa Bay Times, 4/29/21]
- The Bill Included Changes To Law Enforcement Training, Such As De-Escalation Techniques As An Alternative To Use Of Force, And Instructions For Officers To Intervene If Another Officer Engages In Excessive Use Of Force And Provide Medical Assistance. According to the Tampa Bay Times, “Changes to the way officers are trained also would include ‘alternatives to use of force, including de-escalation techniques.’ Training also would instruct officers on a ‘duty to intervene in another officer’s excessive use of force,’ and a ‘duty to render medical assistance following use of force.’” [Tampa Bay Times, 4/29/21]
- In Instances Of Use-Of-Force Involving Deaths And The Use Of Firearms That Resulted In Injuries Or Death, The Bill Required Independent Reviews And Required The Reviews To Be Reported To State Attorneys. According to the Tampa Bay Times, “Independent reviews would be mandated for use-of-force incidents involving deaths and intentional discharges of officers’ firearms if they result in injuries or deaths. The findings of those reviews would be reported to state attorneys.” [Tampa Bay Times, 4/29/21]
- The Bill Required Data Collection On Law Enforcement’s Use Of Force And Quarterly Report Such Data To The Florida Department Of Enforcement. According to the Tampa Bay Times, “The measure also would require data to be collected on officers’ use of force, mirroring statistics collected by the FBI’s National Use-Of-Force Data Collection. The data would have to be reported to the Florida Department of Law Enforcement each quarter.” [Tampa Bay Times, 4/29/21]
- Some Legislators Criticized The Bill For Not Reforming Policing Practices Enough. According to the Tampa Bay Times, “The only criticism of the bill from some lawmakers was that it doesn’t go far enough in seeking reforms to policing practices.” [Tampa Bay Times, 4/29/21]
¶ RECRUITMENT AND RETAINMENT INCENTIVES
2022: Ron DeSantis Signed Into Law Legislation That Provided Law Enforcement Recruitment And Retainment Incentives, Such As Signing Bonuses, Scholarships, Adoption Incentives, And Exceptions To Certain Training Requirements, Gave Sheriffs Salary Increases, And Authorized Sheriffs To Transfer Funds Within Their Budget After Their Budget Has Been Approved By The County. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 3, which “[a]uthorize[d] a sheriff to transfer funds between specified categories and code levels after his or her budget is approved; revise[d] salary minimums for county sheriffs; provide[d] for adoption benefits for law enforcements officers; creates Florida Law Enforcement Recruitment Bonus Payment Program; provide[d] exemption from certain law enforcement officer training requirements for military veterans; provide[d] requirements for skills training for law enforcement officers relating to officer health & safety; ma[de] children of law enforcement officers eligible for Family Empowerment Scholarships; encourage[d] school districts to establish public safety telecommunication training programs & offer law enforcement explorer programs; require[d] Board of Governors & State Board of Education to create process that enables eligible law enforcement officers or former officers to earn credit for college-level training & education acquired while serving an officer; create[d] Florida Law Enforcement Academy Scholarship Program; provide[d] for reimbursement for out-of-state & special operations forces law enforcement equivalency training.” [Florida Senate, Accessed on 10/13/22; Florida Senate, H.B. 3]
- The Bill Established The Florida Law Enforcement Recruitment Bonus Payment Program And Provided Signing Bonuses Of Up To $5,000. According to a press release from Governor Ron DeSantis, “HB 3 will improve the recruitment and retention efforts of Florida’s law enforcement agencies by: Providing signing bonuses of up to $5,000 to newly employed law enforcement officers in Florida through the creation of the Florida Law Enforcement Recruitment Bonus Payment Program.” [Press Release - Governor Ron DeSantis, 4/1/22]
- The Bill Established The Florida Law Enforcement Academy Scholarship Program To Provide Up To $1,000 Scholarships To Cover Tuition And Fees For Law Enforcement Trainees. According to a press release from Governor Ron DeSantis, “Covering tuition, fees, and up to $1,000 of eligible education expenses for trainees enrolled in a law enforcement officer basic recruit training program through the creation of the Florida Law Enforcement Academy Scholarship Program.” [Press Release - Governor Ron DeSantis, 4/1/22]
- The Bill Provided Up To $1,000 Reimbursements For Certified Law Enforcement Officers Who Relocated To Florida Or Service Members Who Become Police Officers In Florida. According to a press release from Governor Ron DeSantis, “Offering a reimbursement program to pay for up to $1,000 of equivalency training costs for certified law enforcement officers who relocate to Florida or members of the special operations forces who become full-time law enforcement officers in Florida.” [Press Release - Governor Ron DeSantis, 4/1/22]
- The Bill Made Dependent Children Of Police Officers Eligible For The Family Empowerment Scholarship To Attend Private School Using A School Voucher And Provided Adoption Benefits For Police Officers Who Adopt A Child From The Welfare System ($10,000) Or Adopt A Child With Special Needs ($25,000). According to a press release from Governor Ron DeSantis, “Among other provisions, the bill also makes dependent children of law enforcement officers eligible to receive a Family Empowerment Scholarship to attend private schools and provides law enforcement officers who adopt a child from within the state child welfare system with a $10,000 benefit or a $25,000 benefit for adopting a child with special needs.” [Press Release - Governor Ron DeSantis, 4/1/22]
- The Bill Gave Sheriffs An Increase To Their Base Salaries By $5,000 Per Year And Gave Sheriffs More Control Over Their Budgets After Their Budget Plans Are Approved By Their Counties. According to the Tampa Bay Times, “Sheriffs, under the bill, will see their base salaries increase by $5,000 a year. Sheriffs will also get more leeway with their budgets after the spending plans have been approved by county commissions.” [Tampa Bay Times, 4/1/22]
- The Bill Required New Officers To Complete Training And Be Hired By A Law Enforcement Agency And Work A Minimum Of Two Years In Order To Be Eligible To Receive The $5,000 Bonus. According to Florida Politics, “New officers must complete training and be hired at a Florida law enforcement agency and work for at least two years to receive the $5,000 bonus.” [Florida Politics, 4/1/22]
- The Bill Exempted Veterans With Associates Degrees From Basic Skills Test Requirements In Law Enforcement Recruit Training Programs And Gave Police Officers College Credits For Their Training. According to Florida Politics, “Lawmakers included several other provisions in the bill aimed at boosting police officers, such as a $5,000 increase in salary for every county Sheriff, allowing military veterans with an associates degree to skip the basic skills test requirement for law enforcement recruit training programs, and giving police officers credit at state universities and state colleges for their law enforcement training.” [Florida Politics, 4/1/22]
- Scrutinized By Some Democrats, The Bill Allowed Sheriffs To Transfer Funds In Their Budgets After The County Commission Has Already Approved The Budget. According to Florida Politics, “Another provision of the bill, which received criticism from some Democrats when it was tacked onto the measure late in the Legislative Session, allows Sheriffs to transfer money in their budgets after it has been approved by the County Commission.” [Florida Politics, 4/1/22]
2022: Ron DeSantis Signed Into Law Legislation That Created A Public Records Exemption For The GPS Information Of Police Officers. In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1046, which “[d]efin[ed] the term ‘law enforcement geolocation information’; provid[ed] an exemption from public records requirements for law enforcement geolocation information held by a law enforcement agency; requir[ed] law enforcement agencies to disclose law enforcement geolocation information under specified circumstances; provid[ed] for future legislative review and repeal of the exemption; provid[ed] a statement of public necessity, etc.” [Florida Senate, Accessed on 10/25/22; Florida Senate, S.B. 1046]
- The Bill Closed A Legal Loophole That Allowed Public Records Requests To Obtain The GPS Information Of A Police Officer. According to Florida Politics, “A legal loophole allowing requesters of public records to obtain information from a police officer’s in-vehicle global positioning system (GPS) could soon be closed, as a bill to nix that oversight reached Gov. Ron DeSantis’ desk Thursday. The bill (SB 1046), is the product of a bipartisan collaboration between Clearwater Republican Sen. Ed Hooper and Democratic Rep. Matt Willhite of Wellington, who carried the measure’s House companion.” [Florida Politics, 5/5/22]
- If Police Officers Take Their Patrol Vehicle Home, The Address Is Stored In The GPS Data, Thus A Public Records Request Would Disclose The Private Residence Of The Officer And Could Also Disclose Law Enforcement Surveillance And Investigation Methods. According to Florida Politics, “Law enforcement officers enjoy certain protections from public records requests, including having their addresses shielded from most disclosures. But the information from their vehicle GPS could be just as dangerous, and possibly more so, in the wrong hands. ‘If a law enforcement officer routinely takes his or her patrol vehicle home, the officer’s GPS data, if released under a public records request, could disclose the location of the residence of a law enforcement officer,’ House staff wrote in an analysis of the legislation. ‘Furthermore, if such GPS data were disclosed to the public, it could divulge information about law enforcement surveillance and investigation techniques.’” [Florida Politics, 5/5/22]
- The Bill Exempted Police Vehicle GPS Data From Most Public Records Requests, Pending Each Request To Court Approval If The Request Sufficiently Justified The Need For Disclosure, If The Request Is From A Criminal Or Civil Proceeding, Or If The Information Was Part Of An Official Report. According to Florida Politics, “The new law, which would go into effect July 1 unless vetoed by the Governor, would make police vehicle GPS locational data exempt from most public records requests. It would still need to be turned over when federal, state or local governments request the information; a court approves the release of the information to a person who sufficiently justifies why it should be disclosed; the information is requested in a criminal, civil or administrative proceeding; or it is contained in an official report issued by a law enforcement agency.” [Florida Politics, 5/5/22]
¶ PUBLIC RECORDS EXEMPTION – VIDEOS AND RECORDINGS
2019: Ron DeSantis Signed Into Law Legislation That Established A New Public Records Exemption For Videos, Audio Recordings Or Images That Depict The Killing Of Mass Violence Victims. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 186, which “amend[ed] s. 406.136, F.S., and transfers this section to s. 119.071, F.S. The bill retain[ed] an existing public record exemption which provides that a photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties is confidential and exempt from public disclosure. The bill create[d] a new public records exemption which provides that a photograph or video or audio recording that depicts or records the killing of a victim of mass violence is confidential and exempt from public disclosure. The existing exemption and the new exemption only apply to photographs and video and audio recordings held by an agency. The bill define[d] the term ‘killing of a victim of mass violence’ as events that depict either a victim being killed or the body of a victim killed in an incident in which three or more persons, not including the perpetrator, are killed by the perpetrator of an intentional act of violence.” [Florida Senate, Accessed on 8/19/22; Florida Senate, S.B. 186]
- After Over A Year Since The Parkland Shooting, The Florida Legislature Passed A Bill That Shielded The Disclosure Of Images And Recordings That Show The Killing Of “Mass Violence” Victims. According to News 4 JAX, “A little more than a year after the massacre at Marjory Stoneman Douglas High School in Parkland, the Florida Senate on Wednesday passed a bill that would shield from disclosure photos and recordings that depict the killing of victims of ‘mass violence.’” [News 4 JAX, 3/27/19]
- The Bill Defined The Term “Mass Violence” To Be An Event That Resulted In The Death Of At Least Three People, Not Including The Perpetrator. According to News 4 JAX, “The bill defines a ‘mass violence’ event as involving the deaths of three or more people, not including perpetrators.” [News 4 JAX, 3/27/19]
- The Bill Exempted Photos, Videos And Audio Recordings Of Mass Violence Events From Public Records. According to News 4 JAX, “It would create a public-records exemption for photos, video and audio recordings in such situations.” [News 4 JAX, 3/27/19]
- The Bill Cited The 2018 Parkland Mass Shooting, The Pulse Night Club Shooting, And The Mass Shooting At Fort Lauderdale-Hollywood International Airport. According to News 4 JAX, “The bill cites the mass shooting in February 2018 that killed 17 people at Marjory Stoneman Douglas High School and mass shootings in recent years at Pulse nightclub in Orlando and at the Fort Lauderdale-Hollywood International Airport.” [News 4 JAX, 3/27/19]
- Opponents Of The Bill Argued It Would Block Public Access To Some Records Of The Parkland Shooting And Stressed That Those Records Were Essential For Transparency And Accountability. According to the Tampa Bay Times, “Opponents pointed to the fact that the bill would almost certainly have blocked some of the records of the Parkland shooting from the public eye, and said that those records are important for transparency and holding government officials accountable.” [Tampa Bay Times, 3/6/19]
¶ SCHOOL SAFETY AND SECURITY ENHANCEMENT
2019: Ron DeSantis Signed Into Law Legislation That Enhanced School Safety And Security With Recommendations From The Marjory Stoneman Douglas High School Public Safety Commission And Strengthened Accountability And Compliance Oversight Authority. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7030, which “addresse[d] the school safety and security recommendations of the Marjory Stoneman Douglas High School Public Safety Commission, and strengthen[ed] accountability and compliance oversight authority.” [Florida Senate, Accessed on 8/25/22; Florida Senate, S.B. 7030]
- The Bill Enhanced School Security Measures, Including To Require Sheriffs To Support School Districts And Charter School Boards In Complying With Officer Requirements, Require School Boards To Work With Charter School Boards To Ease Charter School Access To Safe-School Officer Options, And Provide Officer Options To Include School Resource Officers, School Safety Officers, School Guardians, Or School Security Guards. According to the Florida Senate, “The bill enhances school security measures. Specifically, the bill: Requires sheriffs to assist district school boards and charter school governing boards in complying with safe-school officer requirements, including providing guardian training either directly or through a contract with another sheriff’s office under specified circumstances. Requires district school boards to collaborate with charter school governing boards to facilitate charter school access to all safe-school officer options. If a district school board denies a charter school access to any of the safe-school officer options, the school district must assign a school resource officer or school safety officer to the charter school and retain the charter school’s share of the costs from the safe schools allocation. Delineates that the four safe-school officer options include a school resource officer, a school safety officer, school guardian, and a school security guard.” [Florida Senate, Accessed on 8/25/22]
- The Bill Created Information Sharing And Reporting Requirements For School Districts And Charter School Boards, Including Emergency Response Plans, Safety Incident Reporting, Data Collection And Sharing. According to the Florida Senate, “The bill improves student safety by establishing information sharing and reporting requirements for district school boards and charter school governing boards, including responses to emergency situations, safety incident reporting, data collection, and data sharing.” [Florida Senate, Accessed on 8/25/22]
- The Bill Provided Funding Opportunities To Improve School Safety And Security And Provided Additional Mental Health Resources To Students. According to the Florida Senate, “The bill provides funding opportunities to enhance school safety and security, and to provide additional mental health services to students.” [Florida Senate, Accessed on 8/25/22]
- The Bill Expanded The School Guardian Program To Permit Trained Teachers In Certain School Districts To Possess Weapons And Established Guidelines For Schools’ Mental Health Programs And Created A Standardized “Threat Assessment” Tool For School Records Of Students That May Pose As A “Behavioral Threat.” According to the St. Augustine Record, “GUARDIANS: Expands the school guardian program to allow trained teachers in certain school districts to volunteer to carry weapons. Also lays out more specific guidelines for schools’ mental health programs and creates a standardized, statewide ‘threat assessment’ tool for schools to keep records of students they feel may pose a ‘behavioral threat’ to themselves or others. (SB 7030)” [St. Augustine Record, 6/30/19]
2019: Ron DeSantis Signed Into Law The Dignity For Incarcerated Women Act, Which Required All Prisons To Provide Free Health Care Products To Imprisoned Women, Such As Menstrual Products, Soap, Toothbrushes, And Toothpaste. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 49, “cited as the ‘Dignity for Incarcerated Women Act.’ The bill require[d] all correctional facilities to make ‘health care products’ available to each incarcerated woman. The bill define[d] ‘correctional facility’ to mean any part of the correctional system, any county detention facility, juvenile detention center or residential facility, temporary holding center, or other criminal detention facility operated by or on behalf of the state or any political subdivision. Additionally, the bill defines ‘health care products’ to include the following: Feminine hygiene products, including tampons. Moisturizing soap that is not lye-based. Toothbrushes. Toothpaste. Any other health care product the correctional facility deems appropriate. These items must be available in common housing areas and medical care facilities, at no cost, and in a quantity that is appropriate to the needs of the woman.” [Florida Senate, Accessed on 8/29/22; Florida Senate, H.B. 49]
¶ CONTRABAND IN FACILITIES
2020: Ron DeSantis Signed Into Law Legislation That Added Medical Marijuana, Hemp, Industrial Hemp, Vapes, And Cell Phones To The List Of Contraband That May Not Be Brought To Several Correctional Or Juvenile Detention Facilities. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1286, which “add[ed] medical marijuana, hemp, industrial hemp, and vapor-generating electronic devices to the list of contraband that may not be introduced into or on the grounds of state correctional institutions, county detention facilities, juvenile detention facilities, juvenile commitment programs, and facilities operated by the Department of Children and Families (DCF), and the Agency for Persons with Disabilities (APD). The bill provide[d] that it is a third degree felony to introduce medical marijuana, hemp, or industrial hemp into or on the grounds of state correctional institutions, county detention facilities, and facilities operated by the DCF, and the APD. It is a second degree felony to introduce medical marijuana, hemp, or industrial hemp into or on the grounds of juvenile detention facilities and juvenile commitment programs. The bill provide[d] that it is a first degree misdemeanor to introduce a vapor-generating electronic device into the secure perimeter of any state correctional institution, county detention facility, juvenile detention facility, juvenile commitment program, and forensic facility operated by the DCF, and the APD. The bill add[ed] cellular phones or portable communication devices to the list of contraband that may not be introduced into or on the grounds of juvenile detention facilities, juvenile commitment programs, and forensic facilities operated by the DCF or the APD. It is a first degree misdemeanor to introduce such contraband into the secure perimeter of any of these facilities. Additionally, the bill rank[ed] the previously unranked offense of introducing a firearm or deadly weapon or a controlled substance into certain DCF facilities as a level 4 offense.” [Florida Senate, Accessed on 9/16/22; Florida Senate, S.B. 1286]
2022: Ron DeSantis Signed Into Law Legislation That Allowed County And Municipal Detention Facilities And The Department Of Corrections To Contract With Colleges To Provide Education Services To Inmates. In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 722, which “authorize[d] a county or municipal detention facility or the Department of Corrections to contract with a Florida College System institution to provide education services to its inmates. The bill affirmatively provide[d] that state funds provided for the operation of postsecondary workforce programs may be expended on a state inmate with 24 months or less remaining on his or her sentence, notwithstanding s. 1011.81(4), F.S., which prohibits state funds for the Florida College System Program Fund from being expended on the education of state or federal inmates.” [Florida Senate, Accessed on 10/21/22; Florida Senate, S.B. 722]
2022: Ron DeSantis Signed Into Law Legislation That Made The Public Records Exemption Permanent Over The Disclosure Of The Protected Health Information And Identity Of An Inmate Who Was Tested For HIV And Whose Results Were Held By The Department Of Corrections. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 7009, which “amend[ed] s. 945.10, F.S., to save from repeal the current exemptions from public records disclosure of an inmate’s or offender’s protected health information and the identity of an inmate or offender upon whom an HIV test was performed and the subsequent test results held by the Department of Corrections (DOC). The original public necessity statement provides that it is a public necessity that an inmate’s or offender’s protected health information and HIV testing held by the DOC remain confidential and exempt from public disclosure. Allowing such information to be publicly disclosed would, in some cases, conflict with federal law and would be a violation of the inmate’s or prisoner’s privacy under the Florida Constitution. Additionally, maintaining the confidentiality of HIV testing information is essential to an inmate’s or prisoner’s participation in such testing. These exemptions, relating to an inmate’s or offender’s protected health information and the identity of an inmate or offender upon whom an HIV test was performed and the subsequent test results held by the DOC, are subject to the Open Government Sunset Review Act and stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature. This bill remove[d] the scheduled repeal of the exemptions.” [Florida Senate, Accessed on 11/1/22; Florida Senate, H.B. 7009]
¶ PROHIBITING RIOT PARTICIPATION AND APPEALS AGAINST DEFUNDING THE POLICE
2021: Ron DeSantis Signed Into Law Legislation That Effectively Prohibited Municipalities From Defunding Their Police By Creating An Appeal By Elected Officials, Prohibited Individuals From Participating In Violent Riots That Resulted In Property Damages Or Injuries, And Established An Affirmative Defense To A Civil Lawsuit Where The Plaintiff Was Involved In A Riot. In April 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1, which “[a]uthoriz[ed] specified elected officials to file an appeal to the Administration Commission if the governing body of a municipality makes a specified reduction to the operating budget of the municipal law enforcement agency; provid[ed] that a municipality has a duty to allow the municipal law enforcement agency to respond to a riot or unlawful assembly in a specified manner based on specified circumstances; reclassif[ied] the penalty for an assault committed in furtherance of a riot or an aggravated riot; prohibit[ed] cyberintimidation by publication; prohibit[ed] a person from willfully participating in a specified violent public disturbance resulting in specified damage or injury; creat[ed] an affirmative defense to a civil action where the plaintiff participated in a riot, etc.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 1]
- Opponents Argued The Bill Would Criminalize Peaceful Protests Against Police Brutality That Became Common Across The Country After The Death Of George Floyd In 2020. According to the New York Times, “The Republican-led Florida Senate on Thursday passed a bill that was intended to crack down on rioting, but that critics said would criminalize the peaceful demonstrations against police brutality that have swept across the state and the country since the killing of George Floyd last year. Gov. Ron DeSantis, a Republican, said he planned to sign the measure into law. It passed the Republican-led House in March.” [New York Times, 4/15/21]
- The “Combatting Public Disorder Bill” Allowed Prosecutors And Local Officials To Appeal To The State If A Local Government Were To Try To Reduce Its Local Police Budget. According to the New York Times, “The wide-ranging bill, HB 1, called the Combating Public Disorder Bill, allows prosecutors and local officials to appeal to the state if a municipality tries to cut its police budget amid calls to cut or defund the police.” [New York Times, 4/15/21]
- The Bill Punished Battery Against A Police Officer To Further A Riot With A Minimum Of Six Months In Prison And Penalized The Tearing Of Memorial Or Historic Property With A Second-Degree Felony. According to the New York Times, “It makes battery on a law enforcement officer ‘in furtherance of a riot or an aggravated riot’ punishable by at least six months in prison. ‘Willfully and maliciously’ pulling down a memorial or historic property would be a second-degree felony, a penalty that critics said would protect Confederate monuments.” [New York Times, 4/15/21]
- The Bill Criminalized Riot Participation With A Third-Degree Felony And Defined A Riot To Be Three Or More Individuals Helping One Another In “Violent And Disorderly Conduct” That Were To Result In Injury, Property Damages Or “Imminent Danger.” According to the New York Times, “The bill also makes it a third-degree felony to participate in a riot, which is defined as three or more people acting in common to ‘assist each other in violent and disorderly conduct’ that results in injury, property damage or ‘imminent danger’ of injury or property damage.” [New York Times, 4/15/21]
- The Bill Created A Defense In Civil Actions If The Plaintiff’s Injuries Were A Result From Participating In A Riot, Which Opponents Argued Would Protect “Counterprotestors” From Liability If They Drove A Vehicle Through The Protest And Killed An Individual. According to The New York Times, “The measure also creates a defense in civil lawsuits if the plaintiff’s injuries were caused while participating in a riot or unlawful assembly. Critics said that would protect counterprotesters from liability if they drove through a demonstration and killed a person.” [New York Times, 4/15/21]
- ACLU: The Bill Was A “Racist, Unconstitutional, And Anti-Democratic” Plan To Embolden Police Treatment Against Black And Brown Communities Who Exercise Their Right To Protest. According to The New York Times, “‘HB 1 is racist, unconstitutional, and anti-democratic, plain and simple,’ the A.C.L.U. of Florida said. ‘The bill was purposely designed to embolden the disparate police treatment we have seen over and over again directed towards Black and brown people who are exercising their constitutional right to protest.’” [New York Times, 4/15/21]
¶ BANNING RESIDENTIAL PICKETING AND PROTESTS
2022: Ron DeSantis Signed Into Law Legislation That Banned Protesting Or Picketing Outside A Private Residence By Requiring Law Enforcement To Issue Warnings And Penalize People Who Refuse To Peacefully Leave With A Second-Degree Misdemeanor. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1571, which “addresse[d] unlawful assemblies that specifically target residences to harass or disturb people inside their homes. Specifically, the bill ma[de] it a criminal offense to picket or protest before or about another person’s home in order to harass or disturb the person in his or her home. A person who engages in the prohibited conduct commits a second degree misdemeanor. The bill provide[d] that before a person may be arrested for this criminal offense, a law enforcement officer must command the person to disperse from the unlawful assembly. If the person does not immediately and peaceably disperse, only then may he or she be arrested for unlawful residential picketing.” [Florida Senate, Accessed on 10/27/22; Florida Senate, H.B. 1571]
- The Bill Instructed Police Officers To Issue Warnings To Individuals Protesting Outside Of A Dwelling And Arrest Individuals If They Refuse To Leave The Premises After The Warning, Penalizing The Protestors With A Second-Degree Misdemeanor. According to a press release from Governor Ron DeSantis, “Once this law takes effect, law enforcement officers will provide a warning to any person picketing or protesting outside of a dwelling and will make arrests for residential picketing only if the person does not peaceably disperse after the warning. Residential picketing will be punishable as a second-degree misdemeanor.” [Press Release - Governor Ron DeSantis, 5/16/22]
- Opponents Argued The Bill Violated First Amendment Rights. According to the Washington Post, “Florida Gov. Ron DeSantis (R) signed a bill Monday to outlaw protests outside private residences — a move opponents say violates First Amendment rights.” [Washington Post, 5/17/22]
¶ Sexual Assault And Harassment
2019: Ron DeSantis Signed Into Law Legislation That Prohibited The Dissemination Of Sexually Explicit Images Electronically And Provided That The Distribution Of Such Images Without Their Consent Violated An Individual’s Reasonable Expectation Of Privacy. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1136, which “amend[ed] s. 784.049, F.S., which punishes sexual cyberharassment. The bill modifie[d] legislative findings in this section to indicate: A depicted person in a sexually explicit image may retain a reasonable expectation that image will remain private despite sharing the image with another person, such as an intimate partner; Conduct prohibited by this section includes dissemination of a sexually explicit image through electronic means in addition to publication of such image on an Internet website; Dissemination of a sexually explicit image may occur through electronic means; and Publication or dissemination of such sexually explicit images is contrary to the depicted person’s reasonable expectation of privacy and without the consent of all parties depicted in such image.” [Florida Senate, Accessed on 8/23/22; Florida Senate, S.B. 1136]
- The Bill Modified The Definition Of “Personal Identification Information” Pertaining To An Individual Depicted In A Sexually Explicit Imagine To Include Their Name Postal Address Or E-Mail, Phone Number, Social Security Number, Birth Date, Or Unique Physical Representation. According to the Florida Senate, “The bill amends the definition of ‘personal identification information,’ which pertains to the personal identification information of the person depicted in a sexually explicit image, to mean any information that identifies an individual, and includes, but is not limited to, any name, postal or electronic mail address, telephone number, social security number, date of birth, or any unique physical representation.” [Florida Senate, Accessed on 8/23/22]
- The Bill Modified The Definition Of “Sexually Cyberharass” To Signify The Publishing Of Content To A Website Or Disseminating Electronically To Another Person Sexually Explicit Images That Contain Personal Identification Information Of The Person Depicted Without Their Consent With The Intent Of Causing Emotional Distress. According to the Florida Senate, “The bill amends the definition of ‘sexually cyberharass’ to mean publishing to an Internet website or disseminating through electronic means to another person a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person without the depicted person’s consent, contrary to the depicted person’s reasonable expectation that the image would remain private, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person.” [Florida Senate, Accessed on 8/23/22]
- The Bill Provided That A Person Sending Personal Sexually Explicit Images To Another Person Does Not Nullify Their Reasonable Expectation Of Privacy For Such Images. According to the Florida Senate, “Finally, the bill provides that evidence that the depicted person sent a sexually explicit image to another person does not, on its own, remove his or her reasonable expectation of privacy for such image.” [Florida Senate, Accessed on 8/23/22]
2020: Ron DeSantis Signed Into Law “Donna’s Law,” Which Removed The Statute Of Limitations For Prosecuting Sexual Crimes When The Victim Was Under The Age Of 18 At The Time Of The Crime. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 199, which “provide[d] that there is no time limitation for prosecuting sexual battery when the victim is younger than 18 years of age at the time of the offense, and the offense was committed on or after July 1, 2020. This bill create[d] a new exception to the general time limitation proscribed in s. 775.15, F.S. The bill provide[d] that this act may be cited as ‘Donna’s Law.’” [Florida Senate, Accessed on 9/13/22; Florida Senate, H.B. 199]
- The Bill Eliminated The Statute Of Limitations For Sexual Assault Against Victims That Were Under 18 Years-Old. According to Florida Politics, “The Legislature sent Donna’s Law, a bill to eliminate the statute of limitations for sexual assault against minor victims, to Gov. Ron DeSantis on Wednesday after unanimously passing it in both chambers.” [Florida Politics, 3/11/20]
- The Legislation Was Named After Donna Hedrick Who Was Sexually Abused By Her Music Teacher When She Was A Minor And Came Forward After More Than 40 Years. According to Florida Politics, “The bill is named after Donna Hedrick who was sexually abused by her music teacher and finally went public with her story after more than 40 years. Currently, a patchwork of statutes of limitations apply to victims under 18 depending on their age, how soon they reported the abuse and other reporting requirements.” [Florida Politics, 3/11/20]
- Donna’s Law Only Applied To Sex Crimes Committed Against Minors After July 1, 2020. According to Florida Politics, “The bill will not apply to offenses committed before July 1.” [Florida Politics, 3/11/20]
2020: Ron DeSantis Signed Into Law Legislation That Enhanced The Penalty Of Unlawfully Exposing Sexual Organ For A Second Or Subsequent Offense To A Third Degree Felony And Included The Crime Of Exposing Sexual Organs To The List Of Crimes In Which An Officer May Arrest Without A Warrant. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 675, which “increase[d] the penalty from first degree misdemeanor to a third degree felony for a second or subsequent offense of the unlawful exposure of sexual organs. The bill also specifie[d] that being naked in public in a vulgar or indecent manner is a violation of s. 800.03, F.S. The bill provide[d] that exposing of sexual organs by a mother breastfeeding her baby, or a person who is merely naked at a place provided or set apart for that purpose is not a violation of s. 800.03, F.S. The bill add[ed] the crime of exposure of sexual organs to the list of misdemeanor offenses for which an officer may conduct a warrantless arrest.” [Florida Senate, Accessed on 9/14/22; Florida Senate, H.B. 675]
2019: Ron DeSantis Signed Into Law Legislation That Prohibited The Sale, Distribution And Possession Of Obscene Child-Like Sex Dolls. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 160, which “prohibit[ed] a person from knowingly selling, lending, giving away, distributing, transmitting, showing, or transmuting; offering to sell, lend, give away, distribute, transmit, show, or transmute; having in his or her possession, custody, or control with the intent to sell, lend, give away, distribute, transmit, show, or transmute; or advertising in any manner an obscene child-like sex doll. A first violation is punishable as a felony of the third degree and a second or subsequent violation is punishable as a felony of the second degree. The bill also prohibit[ed] a person from knowingly having in his or her possession, custody, or control an obscene, child-like sex doll. A first violation is punishable as a misdemeanor of the first degree and a second or subsequent violation is punishable as a felony of the third degree.” [Florida Senate, Accessed on 8/19/22; Florida Senate, S.B. 160]
2019: Ron DeSantis Signed Into Law Legislation That Prohibited “Lewd Or Lascivious Exhibition” In The Presence Of Any Employee Or Contractor At A County Detention Facility. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 828, which “prohibit[ed] lewd or lascivious exhibition in the presence of any person employed at or performing contractual services for a county detention facility. This is an expansion of current law, which prohibits such conduct in a state correctional institution or private correctional facility. The bill also revise[d] the current definition of employee for the purposes of such prohibited conduct to include any person employed by or performing contractual services for a public or private entity operating a state correctional institution or private correctional facility.” [Florida Senate, Accessed on 8/23/22; Florida Senate, S.B. 828]
2020: Ron DeSantis Signed Into Law Legislation That Banned A Sex Offender Or Sex Predator From Obtaining Bail While On A Post-Trial Motion Or Appeal. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 333, which “prohibit[ed] a defendant from receiving bail on post trial motion or appeal for any offense requiring sexual offender registration under s. 943.0435(1)(h), F.S., or sexual predator registration under s. 775.21(4), F.S., when at the time of the offense, the offender is over 18 years of age and the victim is a minor.” [Florida Senate, Accessed on 9/13/22; Florida Senate, H.B. 333]
- The Bill Prohibited Judges From Granting Bonds To Defendants If They Were Charged With A Crime That Required Them To Register As Sex Offenders Or Predators And If The Victim Was A Minor. According to Spectrum News 13, “The bill passed Wednesday would prohibit judges from granting convicts bond if they were convicted on charges that require them to register with the state as a sexual offender or sexual predator, and if the victim was a minor.” [Spectrum News 13, 2/26/20]
- The Bill Was In Response To Mark Fugler Receiving A Bond After He Was Convicted Of Sexually Assaulting A Minor, Which Then Allowed Him To Put Off Serving His Imprisonment Until The Appeals Process Was Finalized. According to Spectrum News 13, “Chitwood pushed for the bill after Mark Fugler, a Volusia County man, was granted a supersedeas bond following his conviction on charges of sexually assaulting a minor. A supersedeas bond is one that’s granted to convicts appealing their verdict, and allows them to put off serving their sentence while the appeals process goes through.” [Spectrum News 13, 2/26/20]
2021: Ron DeSantis Signed Into Law Legislation Which Clarified That Individuals Convicted Of A Sexual Offense Must Register As A Sexual Offender, Regardless If They Have Paid The Fines. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 234, which “amend[ed] s. 943.0435, F.S., relating to sexual offender registration, to clarify release from conviction sanctions for sexual offender registration and reporting purposes. Currently, a person convicted of a qualifying sexual offense must register as a sexual offender upon release from a court imposed sanction. In State v. James, 298 So.3d 90 (Fla. 2d DCA 2020), the Florida Second District Court of Appeal interpreted the word ‘sanction’ to include any court imposed fines. As a result of this opinion, a person otherwise required to register as a sexual offender, may forgo registration by refusing to pay any court imposed fine. The bill provide[d] legislative findings that the opinion in State v. James interpreting the word ‘sanction’ is contrary to legislative intent and that a person’s failure to pay a fine does not relieve him or her of the requirement to register as a sexual offender pursuant to s. 943.0435, F.S. The bill also specifie[d] that the Legislature intends that a person must register as a sexual offender pursuant to s. 943.0435, F.S., when he or she has been convicted of a qualifying offense and, on or after October 1, 1997, has: No sanction imposed upon conviction; or Been released from a sanction imposed upon conviction.” [Florida Senate, Accessed on 9/29/22; Florida Senate, S.B. 234]
- The Bill Aimed To Close A Loophole In Florida’s Sex Offender Registration Law After A Child Molester Evaded Registration Because Failed To Pay A Court-Ordered Fine. According to the Associated Press, “A loophole in Florida’s sexual offender registration law would be closed under a Senate bill unanimously passed Thursday in response to a child molester who didn’t have to register because he didn’t pay a court-ordered fine.” [Associated Press, 3/18/21]
- 2020: A Tampa Judge Ruled That A Man Who Was Convicted Of A Child Sex Crime Did Not Have To Register As A Sex Offense Because The Law Required Registration Until Their Sentence Was Completed And The Man Had Not Paid Of His $10K Fine. According to the Associated Press, “A judge ruled last year that Ray La Vel James of Tampa, who spent 12 years in prison after being convicted of molesting two girls at a public pool, didn’t have to register as a sex offender because the law states registration isn’t required until a sentence is completed — and he hadn’t paid of a $10,000 fine that was part of his sentence.” [Associated Press, 3/18/21]
2021: Ron DeSantis Signed Into Law Legislation That Required The Florida Department Of Law Enforcement To Implement A Statewide Database To Track Rape Kits And Provide Rape Victims Access To The Database To Track The Status Of Their Case. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 673, which “[r]equire[d] FDLE to create & maintain statewide database for tracking sexual offense evidence kits; provide[d] database requirements; require[d] FDLE to ensure that alleged sexual offense victims & certain other persons are notified of or have access to information regarding such kits & evidence; provide[d] requirements for such notification.” [Florida Senate, Accessed on 10/3/22; Florida Senate, H.B. 673]
- The Bill Established A Rape Kit Database, Which Would Contain Evidence Collected From Victims After Sexual Assaults And Be Accessible For Victims. According to Florida Politics, “The House unanimously passed a bill to create a database of ‘rape kits,’ which contain evidence obtained from victims after sexual assaults. The database, as established in Rep. Emily Slosberg’s legislation (HB 673), would be open to the victims, so they can track what is going on with their kits as law enforcement processes them.” [Florida Politics, 4/15/21]
- The Bill Was Named After Gail Gardner, Whose Rape Kit Was Left Untested For Over 30 Years And Who Found Out That Her Rapist Was A Serial Rapist. According to Florida Politics, “The bill is named ‘Gail’s Law’ after Gail Gardner, an Orlando woman who was sexually assaulted in 1988 and whose rape kit was not tested for more than 30 years. A few months ago, she found out that her attacker was a serial rapist linked to 15 other sexual assaults and serving a life sentence.” [Florida Politics, 4/15/21]
- The Bill Required Rape Kits To Be Given A Barcode So They Could Be Scanned As They Pass Through Several Agencies And Victims Would Be Provided A Login And Password For Them To Receive Law Enforcement Updates On The Status Of Their Rape Kits. According to Florida Politics, “When victims provide DNA evidence through an examination, the evidence is placed in a kit. Under the bill, barcodes on kits would be scanned as they pass between agencies. A confidential portal, accessible by victims with a login and password, would provide status updates for them.” [Florida Politics, 4/15/21]
2021: Ron DeSantis Signed Into Law Legislation That Required County Health Departments To Establish Sexual Assault Response Teams, In Coordination With Rape Crisis Centers, To Support Sexual Assault Forensic Examiners, And Required The Criminal Justice Standards And Training Commission To Establish Standards For Basic Skills And Continued Education Trainings For Police Officers Who Respond To Sexual Assault Cases. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1189, which “[r]equire[d] county health departments to participate in sexual assault response teams coordinated by certified rape crisis centers; authorize[d] establishment of teams by certified rape crisis centers; provide[d] for duties & membership of sexual assault response teams; require[d] FL Council Against Sexual Violence to provide specified technical assistance; require[d] sexual assault response teams to promote & support use of sexual assault forensic examiners meeting certain requirements; require[d] Criminal Justice Standards & Training Commission to establish minimum standards for basic skills & continued education training programs for law enforcement officers that include specified response to sexual assault; provide[d] requirements for courses & law enforcement officers; require[d] officer's certification to be placed on inactive status for failure to complete certain training.” [Florida Senate, Accessed on 10/5/22; Florida Senate, H.B. 1189]
- The Bill Tasked Local Health Departments With Establishing Sexual Assault Response Teams And Such Offices Could Contract With Other Localities To Set Up Joint Teams. According to Florida Politics, “This latest bill (SB 1530), heard and passed in the Appropriations Committee Wednesday, tasks local health departments with setting up sexual assault response teams. Alternatively, those offices can contract with another jurisdiction to set up a joint response team.” [Florida Politics, 4/21/21]
- With The Oversight Of The Florida Council Against Sexual Violence, The Sexual Assault Teams Would Be Comprised Of Nurses, Survivor Advocates, Law Enforcement Officials And Prosecutors, And They Would Strengthen Victimization Understanding And Trauma-Informed Training. According to Florida Politics, “The teams would be comprised of nurses, victim advocates, law enforcement officials and prosecutors. Those teams would work to develop a stronger understanding of victimization and the positive effects of trauma-informed training, according to the bill’s analysis. The team would have oversight and assistance from the Florida Council Against Sexual Violence.” [Florida Politics, 4/21/21]
- The Bill Tasked The Response Teams With Establishing Uniform Procedures And Best Practices For Responding To Sexual Assault Reports And Publishing An Annual Report With The Number Of Assaults Reported And Prosecuted And The Number Of Medical Examinations Performed. According to Florida Politics, “The teams would set up uniform procedures and best practices for responding to a reported sexual assault. They would also publish an annual report containing information such as the number of sexual assaults reported and prosecuted, as well as the number of forensic medical examinations performed.” [Florida Politics, 4/21/21]
- The Bill Required The Criminal Justice Standards And Training Commission To Create Standards For A Training Course For Police Officers That Highlight Trauma-Informed Response To Cases Of Sexual Assault. According to Florida Politics, “The Criminal Justice Standards and Training Commission (CJSTC) would also establish standards for a training course for law enforcement officers that emphasizes a trauma-informed response to sexual assault cases.” [Florida Politics, 4/21/21]
- The Bill Clarified Insurance Claim Disbursements For Sexual Assault Victims And Tasked The Attorney General’s Office With Reviewing Potential Sexual Assault Prosecutions. According to Florida Politics, “The measure also touches on insurance claim disbursement in cases regarding a sexual assault victim and tasks the Attorney General’s office with reviewing requests for potential sexual assault prosecutions.” [Florida Politics, 4/21/21]
2022: Ron DeSantis Signed Into Law Legislation That Created A Third-Degree Felony For An Individual Over 24 Years-Old To Sexually Touch Or Assault An Individual That Is 16-17 Years-Old. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 444, which “create[d] s. 794.051, F.S., which provides that it is a third degree felony for a person 24 years of age or older to intentionally touch in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person 16 or 17 years of age, or to force or entice such person to so touch the perpetrator. This crime does not apply to a person 16 or 17 years of age who has had the disability of nonage removed. This crime is ranked as a level 4 in the offense severity ranking chart of the Criminal Punishment Code.” [Florida Senate, Accessed on 10/18/22; Florida Senate, S.B. 444]
- The Bill Increased The Penalty For Lewd Or Lascivious Touching Of 16-17 Year-Olds From A Misdemeanor To A Third-Degree Felony If Committed By Adults Over The Age Of 24. According to Florida Politics, “Gov. Ron DeSantis capped off his busy week last week by signing a half dozen bills, including a law that makes it a felony to touch a 16- or 17-year-old in a lewd or lascivious way and other legislation related to sexual misconduct. It is already a felony to touch someone under 16 in an unwanted, sexual way, and a misdemeanor to do the same to someone aged 16 or 17. On Oct. 1, the measure (SB 444), signed Friday and filed by Gainesville Republican Sen. Keith Perry and St. Pete Beach Republican Rep. Linda Chaney, will increase the latter to a third-degree felony, if committed by someone 24 or older.” [Florida Politics, 6/7/22]
2022: Ron DeSantis Signed Into Law Legislation That Defined The Term “Female Genitals” In Relation To Sexual Battery Or Bestiality And Mandated Disclosure Of HIV Testing On Inmates Arrested For Sex Offenses. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 692, which “[d]efin[ed] the term ‘female genitals’ and revis[ed] the definitions of the terms ‘sexual battery’ and ‘sexual bestiality’; requir[ed] that HIV test results performed on inmates arrested for sexual offenses involving female genital penetration be disclosed under certain circumstances, etc.” [Florida Senate, Accessed on 10/21/22; Florida Senate, S.B. 692]
- The Bill Expanded The Definitions For Sexual Battery Cases By Using The Broader Term “Female Genitals.” According to Florida Politics, “Another signed bill (SB 692) to take effect in October, carried by Orlando Democratic Sen. Linda Stewart and Boca Raton Democratic Rep. Emily Slosberg-King, will expand definitions for sexual battery cases by replacing the words ‘vagina’ and ‘vaginal’ with female genitals in defining sexual battery. Final terms will include labia majora, labia minora, clitoris, vulva, hymen and vagina.” [Florida Politics, 6/7/22]
- The Statute Language Before The Bill Made It Hard For Prosecutors To Argue Before Sexual Assault Cases That Did Not Involve Vaginal Penetration. According to Florida Politics, “The earlier language had thwarted prosecutors in some cases that did not involve actual vaginal penetration. Individual courts in Florida had come up with their own definitions to determine what counts as sexual assault.” [Florida Politics, 6/7/22]
2022: Ron DeSantis Signed Into Law Legislation That Eliminated The Statute Of Limitations For The Prosecution Of Sexual Molestation Of A Child If The Offender Was Under The Age Of 18 At The Time Of The Crime. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1244, which “amend[ed] s. 775.15, F.S., to provide that there is no time limitation for the prosecution of any offense under s. 827.071(2) or (3), F.S., relating to use of a child in a sexual performance or promoting a sexual performance of a child, if the offender was 18 years of age or older at the time of the offense. The bill provide[d] that the exceptions to the time limitations apply to any offense that is not otherwise barred from prosecution on or before July 1, 2022.” [Florida Senate, Accessed on 10/26/22; Florida Senate, S.B. 1244]
¶ CRIMINALIZING “DEEPFAKES” AND REVENGE PORN
2022: Ron DeSantis Signed Into Law Legislation That Banned The Promotion Of Sexually-Explicitly “Deepfakes,” Enhanced Penalties For Stealing Sexually-Explicit Images, And Increased The Monetary Damages A Victim May Seek For Sexual Cyber Harassment. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1798, which “[i]ncreas[ed] the monetary damages that an aggrieved person may receive as a result of violations relating to sexual cyberharassment; revis[ed] the prohibition on sexual activities with animals; prohibit[ed] the willful and malicious promotion of certain sexual depictions without consent; prohibit[ed] a person from committing theft of sexually explicit images with the intent to promote such images, etc.” [Florida Senate, Accessed on 10/28/22; Florida Senate, S.B. 1798]
- The Bill Increased The Criminal Penalties For Stealing Sexually Explicit Images Of Another Individual. According to Florida Politics, “A bill that would beef up Florida’s criminal penalties for stealing an individual’s sexually explicit pictures and other sexual image-related crimes has been approved by Florida lawmakers. SB 1798, which passed the Senate unanimously last week, passed the House 117-0 Tuesday. The legislation is sponsored by Democratic Sen. Lauren Book and Republican Rep. Joe Harding.” [Florida Politics, 3/8/22]
- The Bill Was Aimed Towards “Deepfakes,” Which Are Manipulated Images Or Videos, And Increased Penalties Against Revenge Porn. According to Florida Politics, “The legislation targets deepfakes, which are manipulated images or videos that make it look as if a person said or did something that they did not. The measure also stiffens penalties for revenge porn and other sex-related crimes.” [Florida Politics, 3/8/22]
- The Bill Made It A Third-Degree Felony For Individuals To Willfully And Maliciously Distribute Sexually-Explicit “Deepfakes” Without The Consent Of The Victim. According to Florida Politics, “Prohibits someone from knowingly, willfully and maliciously disseminating deepfake sexually explicit images without the victim’s consent, making it a third-degree felony.” [Florida Politics, 3/8/22]
- The Bill Addressed “Revenge Porn” By Criminalizing The Theft Of Sexual Images With The Intent To Benefit From The Images. According to Florida Politics, “Establishes new standards for Florida’s ‘revenge porn’ statute by criminalizing the theft of sexually explicit images off another person’s phone or digital device with the intent to distribute or benefit from them in some way.” [Florida Politics, 3/8/22]
- The Bill Allowed Victims To Seek Up To $10K Against A Person Who Willfully And Knowingly Stole Images. According to Florida Politics, “Increases existing civil damages where victims will now be entitled to seek up to $10,000 against an individual who has willfully and knowingly chosen to inflict this kind of intimate terror.” [Florida Politics, 3/8/22]
- The Bill Banned Sexually-Explicit Deepfakes Of Identifiable Minors And Enhanced Penalties For The Possession Of Child-Like Sex Dolls To A Third-Degree Felony. According to Florida Politics, “Prohibits deepfakes of identifiable minors engaging in sex acts. — Stiffens penalties for possession of an obscene child-like sex doll to a third-degree felony on any offense.” [Florida Politics, 3/8/22]
2022: Ron DeSantis Signed Into Law Legislation That Created A Public Records Exemption The Personal Information Of Sexual Harassment Victims And Alleged Victims. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7024, which “amend[ed] s. 119.071, F.S., to make confidential and exempt from public inspection and copying personal identifying information of a victim of sexual harassment in addition to the alleged victim in an allegation of sexual harassment. The bill clarifie[d] that such information is only confidential and exempt if it identifies that person as an alleged victim or victim of sexual harassment. The bill permit[ted] the alleged victim or victim to waive confidentiality in writing. This public records exemption expires October 2, 2027, unless reviewed and saved from repeal by the Legislature.” [Florida Senate, Accessed on 11/1/22; Florida Senate, S.B. 7024]
2022: Ron DeSantis Signed Into Law Legislation That Enhanced The Penalty For Tampering Or Fabricating Evidence In A Criminal Trial Or Involving A Capital Offenses To A Second-Degree Felony. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 287, which “create[d] a new felony offense building upon the current offense of tampering with or fabricating evidence. The new offense provides that tampering with or fabricating evidence relating to a criminal trial or proceeding or an investigation involving a capital offense is a second degree felony. The bill rank[ed] the new offense as a Level 6 offense in the Offense Severity Ranking Chart. Additionally, the bill rank[ed] the third degree felony offense of tampering with or fabricating physical evidence as a Level 3 offense in the Offense Severity Ranking Chart.” [Florida Senate, Accessed on 10/17/22; Florida Senate, H.B. 287]
- The Bill Made Tampering Or Fabricating Evidence A Second-Degree Felony During A Criminal Trial, Proceeding, Or Investigation Of Capital Felonies. According to Florida Politics, “A raft of 10 bills received and signed Tuesday by Gov. Ron DeSantis includes a measure that would impose harsher penalties for people tampering with evidence in violent felony cases. HB 287, carried by Rep. Sam Garrison in the House and Sen. Jennifer Bradley in the Senate as SB 796, will make tampering with or fabricating evidence a second-degree felony if done in a criminal trial, proceeding, or investigation relating to capital felonies. The measure will take effect Oct. 1.” [Florida Politics, 5/3/22]
- The Bill Would Close The “Long-Standing Loophole,” Mainly Affecting Capital Crimes By Bringing Evidence-Tampering Statute In Accordance To Perjury Law. According to Florida Politics, “This legislation could bring a meaningful change to criminal investigations in capital felony cases. The bill would affect capital crimes specifically, bringing the evidence-tampering statute in line with the perjury statute, closing what former prosecutor Garrison has called a ‘long-standing loophole’ in the law.” [Florida Politics, 5/3/22]
- Before The Bill, It Was A Third-Degree Felony To Tamper Evidence, But The Law Did Not Distinguish Evidence Tampering Between Murder Cases And Other Capital Felony Cases And Lesser Offenses. According to Florida Politics, “Currently, it’s a third-degree felony to tamper with evidence in all cases, and the law does not distinguish between tampering with evidence in murder and other capital felony cases and lesser offenses, such as possession of marijuana.” [Florida Politics, 5/3/22]
- 2021: After The Murder Of A St. Johns County Teenage Girl, The Suspect’s Mother Was Charged With Trying To Scrub The Victim’s Blood Out Of Her Son’s Jeans, And The Mother Was Only Charged With A Third-Degree Felony. According to Florida Politics, “Evidence tampering made headlines in Northeast Florida last year after the murder of a teenage girl in St. Johns County. The suspect’s mother was charged with attempting to scrub the murder victim’s blood out of her son’s jeans, and despite the seriousness of the crime, only a third-degree felony charge is being pursued.” [Florida Politics, 5/3/22]
2022: Ron DeSantis Signed Into Law Legislation That Created New Third Degree And Second Degree Felonies For Retail Theft Crimes At Multiple Retail Stores Within A 30-Day Period. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1534, which “amend[ed] s. 812.015, F.S., the retail theft statute, to create new third degree felony and second degree felony retail theft crimes based on multiple retail thefts occurring in a limited time period in different merchant locations. Specifically, the bill amend[ed] the statute to provide that a person commits retail theft, a third degree felony, if the person individually, or in concert with one or more other persons, commits five or more retail thefts within a 30-day period and in committing such thefts obtains or uses 10 or more items of merchandise, and the number of items stolen during each theft is aggregated within the 30-day period to determine the total number of items stolen, regardless of the value of such merchandise, and two or more of the thefts occur at different physical merchant locations. The bill also amend[ed] the statute to provide that a person commits a second degree felony if the person individually, or in concert with one or more other persons, commits five or more retail thefts within a 30-day period and in committing such thefts obtains or uses 20 or more items of merchandise, and the number of items stolen during each theft is aggregated within the 30-day period to determine the total number of items stolen, regardless of the value of such merchandise, and two or more of the thefts occur at a different physical retail merchant location. The bill also amend[ed] s. 921.0022, F.S., the offense severity level ranking chart of the Criminal Punishment Code, to rank the new third degree felony retail theft offense as a level 5 offense and rank the new second degree felony retail theft offense as a level 6 offense.” [Florida Senate, Accessed on 10/27/22; Florida Senate, S.B. 1534]
- The Bill Enhanced Penalties For Retail Theft, Especially Thieves Who Steal Several Items From Several Stores In A Short Amount Of Time. According to Florida Politics, “Gov. Ron DeSantis has signed a measure aimed at cracking down on retail theft, set to take effect this October. The bill (SB 1534) stiffens penalties against thieves who steal multiple items from multiple stores in a short period. Although the Senate passed the proposal unanimously, most House Democrats opposed the bill in an 80-36 vote.” [Florida Politics, 6/18/22]
- The Bill Made It A Third Degree Felony If A Person Were To Steal Over 10 Items From At Least Two Different Stores Within 30 Days And A Second Degree Felony If A Person Were To Steal Over 20 Items. According to Florida Politics, “Under the measure, theft of 10 or more items from at least two different locations is deemed a third-degree felony if committed within 30 days. Meanwhile, the theft of 20 or more items would be a second-degree felony.” [Florida Politics, 6/18/22]
- The Bill Made It A Third Degree Felony If Someone Were To Steal Over $750 Of Merchandise From One Or Multiple Stores Within 30 Days And Made It A Second Degree Felony If Someone Stole Over $3,000 Of Items. According to Florida Politics, “Additionally, stealing more than $750 of merchandise from one or more stores within 30 days would be a third-degree felony, and stealing $3,000 or more would constitute a second-degree felony.” [Florida Politics, 6/18/22]
- Democrats In The Florida House Of Representatives Were Concerned Over Unintended Consequences, And Warned The Bill Would Penalize Poor People And Increase The Prison Population. According to Florida Politics, “Despite some bipartisan support, House Democrats shared concerns that the legislation would have unintended consequences. Jacksonville Democratic Rep. Tracie Davis said during the House debate that the measure would ‘only penalize poor people,’ and St. Petersburg Democratic Rep. Michele Rayner-Goolsby noted state estimates show it would increase the prison population.” [Florida Politics, 6/18/22]
- Critics Argued The Bill’s Penalties Were Too Great For Small Items, Such As Low-Dollar Items And Candy Bars. According to Florida Politics, “Members on both sides of the bill reference that the bill would apply to people stealing candy bars and other low-dollar items. Critics argued the penalties are too steep for small items, while proponents argued stealing is bad.” [Florida Politics, 6/18/22]
2022: Ron DeSantis Signed Into Law Legislation That Eliminated A Requirement For Law Enforcement To Prove That An Offender Crossed County Lines To Thwart Law Enforcement Attempts To Track Stolen Items In Order To Enhance Penalties Against Burglary Crimes. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 6037, which “amend[ed] s. 843.22, F.S., which provides an enhanced penalty for persons who travel across county lines with the intent to commit a burglary. The bill remove[d] the requirement that the purpose of the travel must have been to thwart law enforcement attempts to track the items stolen in the burglary.” [Florida Senate, Accessed on 10/31/22; Florida Senate, H.B. 6037]
- The Bill Expanded Law Enforcement’s Authorization To Enhance Charges Against Criminals Who Commit Burglary And Crossed County Lines. According to Florida Politics, “A bill that would expand law enforcement’s ability to bolster charges against criminals who cross county lines to commit a burglary cleared its final committee stop Thursday.” [Florida Politics, 1/27/22]
- The Bill Provided That Authorities Would No Longer Have To Prove That The Offender Crossed County Lines To Hinder Law Enforcement And Counter Efforts For Property Recovery. According to Florida Politics, “State law currently allows authorities to enhance burglary charges if the offender crossed county lines to commit the crime. The same law, however, also requires authorities to prove a burglar moved across county lines to thwart law enforcement and counter property recovery efforts. Authorities would no longer need to prove motive as a prerequisite under the proposed measure. Republican Sen. Gayle Harrell of Stuart is the bill sponsor. Harrell suggested the motive to cross county lines is always to avoid detection.” [Florida Politics, 1/27/22]
- Several Democrats And Criminal Justice Reform Advocates Warned The Bill Would Provide Law Enforcement Too Much Discretion And Might Enhance Biases Against People Of Color. According to Florida Politics, “Some Democratic lawmakers and criminal justice reform activists have spoken out against the measure throughout the committee process. Critics warn the bill would give authorities too much discretion, which they say may amplify biases against communities of color.” [Florida Politics, 1/27/22]
- Critics Warned The Bill Would Imprison More People While Florida’s Prison System Was Under Constraint. According to Florida Politics, “Additionally, critics contend the bill would send more people into prison at a time when the state prison system is under duress. The attention of lawmakers, they often argue, is best focused elsewhere.” [Florida Politics, 1/27/22]
2019: Ron DeSantis Signed Into Law Legislation That Made Texting While Driving A Primary Offense, Allowing Law Enforcement Officers To Stop A Driver Solely For Testing While Driving, And Authorized Enforcement Of A Ban On Cellphone Use While Driving In A School Or Work Zone. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 107, which “change[d] current enforcement of the ban on texting while driving from a secondary offense to a primary offense, which will allow a law enforcement officer to stop a vehicle solely for texting while driving. The bill create[d] a new section of statute titled ‘school and work zones; prohibition on the use of a wireless communications device in a handheld manner.’ It authorize[d] enforcement of a ban on the use of a wireless communications device in a handheld manner while operating a motor vehicle in a designated school crossing, school zone, or active work zone area as a primary offense punishable as a moving violation. The bill provide[d] for enforcement only by a warning from October 1, 2019, through December 31, 2019, after which a person may be issued a citation.” [Florida Senate, Accessed on 8/29/22; Florida Senate, H.B. 107]
2022: Ron DeSantis Signed Into Law Legislation That Authorized County And City Sheriffs To Designate An Area Within Their Jurisdiction As A “Special Event Zone” In Response To A Pop-Up Party With Over 50 Attendees And Allowed Law Enforcement To Double Traffic Fines, Impound Vehicles, Enforce Occupancy Limits, And Recover Costs From The Event’s Organizer. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1435, which “create[d] s. 316.1891, F.S., to provide the sheriff or chief administrative officer of a county or municipality the authority to designate an area as a special event zone in response to a special event, defined as an unpermitted activity or event organized or promoted via a social media platform which is attended by 50 or more persons and substantially increases or disrupts the normal flow of traffic on a roadway, street, or highway. The bill: Provide[d] notice requirements for a special event zone and requires a specified warning sign be posted at each point of ingress and egress at least 24 hours prior to enforcement; Double[d] the statutory fine for any noncriminal traffic infraction that occurs within a special event zone; Allow[ed] a law enforcement officer to impound a vehicle for up to 72 hours for any criminal traffic violation or noncriminal traffic infraction that occurs in a special event zone, but requires the vehicle to be released immediately upon payment of any impoundment costs or fees; Authorize[d] a law enforcement officer to enforce occupancy limits in a special event zone; and Provide[d] for the recovery of costs associated with designating and enforcing a special event zone from the organizer or promoter of the special event. The bill also amend[ed] s. 316.3045, F.S., which prohibits excessive noise emanating from a motor vehicle, by removing the portion of statute which the Florida Supreme Court deemed invalid in 2012. Additionally, the bill update[d] the types of soundmaking devices that are subject to such noise limitations and authorizes a local authority to impose more stringent regulations than those currently provided in statute.” [Florida Senate, Accessed on 10/26/22; Florida Senate, H.B. 1435]
- The Bill Gave Law Enforcement New Authorities To Break Up “Pop-Up Parties” By Targeting Social Media-Organized Gatherings That Feature Loud Partying, Cars That Cause Traffic, And Violence. According to Florida Politics, “Florida police have new powers to break up so-called ‘pop-up parties,’ after Gov. Ron DeSantis signed HB 1435 Thursday evening. The measure targets gatherings organized via social media on short notice that feature loud partying, cars that inhibit traffic, and often violence. Several episodes in the Daytona Beach area led lawmakers from the region to file the bill, and it was supported by about two dozen law enforcement agencies. The bill passed 35-3 in the Senate with only three Democrats opposed, but the vote was 83-32 in the House, where more Democrats voted against it. Rep. Anthony Sabatini of Howey-in-the-Hills was the only Republican to vote against it.” [Florida Politics, 5/27/22]
- The Bill Allowed Sheriffs To Designate An Area In Their Jurisdiction As A “Special Event Zone” For Any Pop-Up Party, And Traffic Fines Within The Zone Would Be Doubled, Police Could Impound A Vehicle For Up To 3 Days And Police Could Recover Costs From The Party’s Organizer. According to Florida Politics, “Sheriffs can now designate an area within their jurisdiction a ‘special event zone’ in reaction to a pop-up party. Fines for noncriminal traffic infractions within the zone are doubled, police can impound a vehicle for up to 72 hours and police can recover costs involved with enforcing the special event zone from the organizer or promoter of the event.” [Florida Politics, 5/27/22]
- Opponents Argued The Bill Gave Law Enforcement Too Much Power And Could Hinder Civil Liberties, Including By Declaring Protests To Be “Special Events” And Penalize Protesters. According to Florida Politics, “Opponents of the bill believe it gives police too much power, and could infringe on civil liberties. Sen. Bobby Powell, a West Palm Beach Democrat who voted against it, fretted during a committee hearing that Sheriffs could declare protests to be special events and impose penalties on protesters.” [Florida Politics, 5/27/22]
- A Republican State Senator Warned That The Bill Could Allow Police To Declare An Entire City Or County As A “Special Event Zone.” According to Florida Politics, “Sen. Jeff Brandes, a St. Petersburg Republican who voted against the bill in committee but didn’t cast a vote on the floor, noted during committee hearings that police could declare an entire city or county a special event zone.” [Florida Politics, 5/27/22]
2019: Ron DeSantis Signed Into Law Legislation That Mandated The Miami-Dade County Board Of County Commissioners To Pay $1.45 Million To The Estate Of Eric Scott Tenner, Who Died At The Negligence Of A County Bus Driver. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 6513, which “[p]rovide[d] for appropriation to compensate Eric Scott Tenner's estate for injuries & damages sustained by Eric Scott Tenner & his survivors as result of negligence of employee of Miami-Dade County Board of County Commissioners; provide[d] limitation on payment of fees & costs. CLAIM: $1,450,000.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 6513]
2019: Ron DeSantis Signed Into Law Legislation That Allowed The City Of West Palm Beach, Palm Beach County, City Of Lake Worth, City Of Riviera Beach, And Town Of Palm Beach To Pay $100,000 To The Estate Of Herminio Padilla Jr., Who Died After Falling Into A Water Plant. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 6515, which “[p]rovide[d] for appropriation to compensate estate of Herminio Padilla, Jr., for injuries & damages sustained as result of alleged negligence of City of West Palm Beach, Palm Beach County, City of Lake Worth, City of Riviera Beach, & Town of Palm Beach; provide[d] limitation on payment of attorney fees, lobbying fees, & costs. CLAIM: $100,000.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 6515]
2019: Ron DeSantis Signed Into Law Legislation That Directed Orange County To Award $750,000 To Robert Allan Smith For His Injuries Sustained From A Motorcycle Accident Caused By The Negligence Of A County Employee. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 6517, which “[p]rovide[d] for appropriation to compensate Robert Allan Smith for injuries sustained as result of negligence of Orange County employee; provide[d] legislative intent regarding lien interests held by state; provide[d] limitation on payment of fees & costs. CLAIM: $750,000.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 6517]
¶ JANE DOE – RAPE AND MURDER ATTEMPT BY A STUDENT
2019: Ron DeSantis Signed Into Law Legislation That Directed The Miami-Dade County School Board To Award $1.3 Million To Jane Doe, A Teacher Who Was Raped And Almost Murdered By A Student On School Premises. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 6523, which “[p]rovide[d] for appropriation to compensate Jane Doe for injuries & damages sustained as result of negligence of School Board of Miami-Dade County; provide[d] limitation on payment of attorney fees, lobbying fees, & costs. CLAIM: $1,300,000.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 6523]
2019: Ron DeSantis Signed Into Law Legislation That Directed The Hillsborough County To Award $400,000 To The Dominguez Family Due To The Wrongful Death Of Darcia Dominguez Caused By The Negligence Of A County Employee. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 6525, which “[p]rovide[d] for appropriation from Hillsborough County to compensate the Dominguez family for wrongful death of Darcia Lynn Dominguez caused by negligence of Hillsborough County & its employee; provides limit on payment of compensation, attorney fees, lobbying fees, & costs. CLAIM: $400,000.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 6525]
2020: Ron DeSantis Signed Into Law Legislation That Compensated Clifford Williams With $2.15 Million For Being Wrongfully Imprisoned For 43 Years. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 28, which “[p]rovide[d] for the relief of Clifford Williams; provid[ed] an appropriation to compensate him for being wrongfully incarcerated for 43 years; direct[ed] the Chief Financial Officer to draw a warrant payable to an irrevocable trust for the benefit of Clifford Williams; provid[ed] that the act does not waive certain defenses or increase the state’s limits of liability; provid[ed] that certain benefits are vacated upon specified findings, etc. CLAIM WITH APPROPRIATION: $2,150,000.” [Florida Senate, Accessed on 9/12/22; Florida Senate, S.B. 28]
2020: Ron DeSantis Signed Into Law Legislation That Authorized The Compensation Of $4.5 Million To Dontrell Stephens For Injuries And Damages That Resulted From The Negligence Of A Sheriff’s Deputy. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 6501, which “[p]rovid[ed] for an appropriation to compensate him for personal injuries and damages sustained as the result of the negligence of a deputy of the office; provid[ed] for payment of compensation, fees, and costs; provid[ed] a limitation on the payment of attorney fees, lobbying fees, and costs; provid[ed] for the waiver and extinguishment of certain liens, etc. CLAIM: $4,500,000.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 6501]
2021: Ron DeSantis Signed Into Law Legislation That Authorized $350K To Provide Relief For Emilio Jesus Vizcaino-Aday’s Estate Due To His Death Resulting From The Negligence Of The Miami-Dade County Police. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 6503, which “[p]rovide[d] for relief of Estate of Emilio Jesus Vizcaino-Aday by Miami-Dade County; provide[d] for appropriation to compensate the Estate of Emilio Jesus Vizcaino-Aday for injuries & damages sustained by Emilio Jesus Vizcaino-Aday & his survivors as a result of negligence of Miami-Dade County. CLAIM: $350,000.” [Florida Senate, Accessed on 10/10/22; Florida Senate, H.B. 6503]
2021: Ron DeSantis Signed Into Law Legislation That Authorized $2.45 Million To Provide Relief For Crystle Marie Galloway’s Estate Due To Her Death Caused By The Negligence Of Hillsborough County Paramedics. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 6511, which “[p]rovide[d] for relief of Estate of Crystle Marie Galloway by Hillsborough County Board of County Commissioners; provides for an appropriation to compensate the estate for injuries sustained by Crystle Marie Galloway and her survivors as a result of negligence of employees of the Hillsborough County Board of County Commissioners. CLAIM: $2,450,000.” [Florida Senate, Accessed on 10/10/22; Florida Senate, H.B. 6511]
2022: Ron DeSantis Signed Into Law Legislation That Authorized $3.8 Million For The Relief Of Yeilyn Quiroz Otero Due To Injuries Caused By A Car Crash With A Miami-Dade County Police Cruiser. In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 58, which “[p]rovid[ed] for the relief of Yeilyn Quiroz Otero by Miami-Dade County; provid[ed] for the appropriation of funds to Heather Hasandras, as guardian of the property of Yeilyn Quiroz Otero, to compensate Miss Quiroz Otero for injuries sustained as a result of the negligence of an employee of Miami-Dade County; requir[ed] that the funds, less certain fees and costs, be placed in a special needs trust for the exclusive use and benefit of Miss Quiroz Otero; provid[ed] a limitation on compensation and the payment of attorney fees; provid[ed] legislative intent regarding the waiver of certain liens, etc. CLAIM: $3,800,000.” [Florida Senate, Accessed on 10/14/22; Florida Senate, S.B. 58]
¶ DONNA CATALANO – COLLISION WITH WORKER OF DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
2022: Ron DeSantis Signed Into Law Legislation That Authorized $3.175 Million For The Relief Of Donna Catalano For Injuries Caused By A Highway Crash With An Employee Of The Department of Agriculture and Consumer Services. In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 70, which “[p]rovid[ed] for the relief of Donna Catalano by the Department of Agriculture and Consumer Services; provid[ed] an appropriation to compensate Donna Catalano for injuries and damages sustained as a result of the negligence of Donald Gerard Burthe, an employee of the Department of Agriculture and Consumer Services; provid[ed] a limitation on the payment of certain fees, costs, and other expenses, etc. CLAIM WITH APPROPRIATION: $3,175,000.” [Florida Senate, Accessed on 10/14/22; Florida Senate, S.B. 70]
2022: Ron DeSantis Signed Into Law Legislation That Authorized $5 Million For The Relief Of Harry Augustin Shumow Due To Permanent Disabilities Caused By An Error Made By An Employee Of A Jackson Memorial Hospital. In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 74, which “[p]rovid[ed] for the relief of Harry Augustin Shumow by the Public Health Trust of Miami-Dade County, d/b/a Jackson Memorial Hospital; provid[ed] for an appropriation to compensate him for injuries sustained as a result of the negligence of an employee of the Public Health Trust of Miami-Dade County; provid[ed] a limitation on the payment of compensation and attorney fees, lobbying fees, and other costs or similar expenses, etc. CLAIM: $5,000,000.” [Florida Senate, Accessed on 10/14/22; Florida Senate, S.B. 74]
2022: Ron DeSantis Signed Into Law Legislation That Authorized $7.5 Million To Compensate For The Relief Of Christeia Jones Due To Permanent Injuries Inflicted On Her Three Sons Resulted By An Automobile Accident Caused By A State Trooper. In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 80, which “[p]rovid[ed] for the relief of Christeia Jones, as guardian of Logan Grant, Denard Maybin, Jr., and Lanard Maybin; providing an appropriation to compensate them for injuries and damages sustained as a result of an automobile accident caused by Trooper Raul Umana, an employee of the Florida Highway Patrol, a division of the Department of Highway Safety and Motor Vehicles; providing a limitation on the payment of compensation and specified fees, etc. CLAIM WITH APPROPRIATION: $7,500,000.” [Florida Senate, Accessed on 10/14/22; Florida Senate, S.B. 80]
2022: Ron DeSantis Signed Into Law Legislation That Authorized $3.5 Million To Compensate Kareem Hawari After He Was Injured In A School Wrestling Match Due To The Negligence Of Osceola County School Board. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 6513, “Kareem Hawari was a 13-year-old student when he was injured while participating in a wrestling match on behalf of his school due to the negligence of employees of the Osceola County School Board. Mr. Hawari, now an adult, settled the claim with the school board for $3.6 million, of which $100,000 has been paid in accordance with the state’s sovereign immunity waiver. The bill authorizes and directs the Osceola County School Board to pay the remaining $3.5 million.” [Florida Senate, Accessed on 10/31/22; Florida Senate, H.B. 6513]
¶ RIGHT TO COUNSEL, PRO BONO LAWYERS, AND CRIMINAL PROCEEDINGS
2022: Ron DeSantis Signed Into Law Legislation That Required Law Enforcement To Inform Crime Victims Of Their Right To Employ Private Counsel, Encouraged The Florida Bar To Create A List Of Lawyers Willing To Provide Pro Bono Services To Crime Victims, And Allowed Victims To Request And Be Informed Of All The Criminal Proceedings. In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1012, which “[r]equir[ed] law enforcement personnel to ensure that crime victims are given information about specified rights, upon request, at all stages of criminal, parole, or juvenile proceedings; requir[ed] law enforcement personnel to ensure that crime victims are given information about their right to employ private counsel; encourag[ed] The Florida Bar to develop a registry of attorneys willing to serve on a pro bono basis as advocates for crime victims, etc.” [Florida Senate, Accessed on 10/25/22; Florida Senate, S.B. 1012]
- In An Effort To Enhance Crime Victims’ Rights, The Bill Required Law Enforcement To Inform Victims Of The Right To An Attorney And Encouraged The Florida Bar To Create A List Of Lawyers Willing To Work Pro Bono. According to Florida Politics, “Gov. Ron DeSantis has signed a multi-prong measure to bolster crime victims’ rights. The proposal (SB 1012), signed Thursday, would require law enforcement to inform crime victims of their right to counsel. It would also encourage the Florida Bar to develop a list of attorneys willing to work pro bono for crime victims.” [Florida Politics, 5/12/22]
- The Bill Clarified That Crime Victims May Request To Attend Or Be Heard At A Criminal Proceeding, Instead Of Maintaining Attendance Permissible When Needed And Without Infringement Of The Rights Of The Defendant. According to Florida Politics, “The bill contains a slew of secondary provisions. Among others, it would clarify state law by saying crime victims may ‘upon request’ attend or be heard at a criminal proceeding. Currently, attendance is permissible ‘when relevant’ or at a ‘crucial stage’ so long as it ‘does not interfere with constitutional rights of the accused.’” [Florida Politics, 5/12/22]
2019: Ron DeSantis Signed Into Law Legislation That Required Counties To Implement Text-To-911 Services, Required An Upgrade Of 911 Public Safety Answering Points (PSAP) To Permit Transfer Of Calls To Another E911 System, And Required Direct Communications Systems Between First Responders And Each PSAP. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 441, which “contain[ed] three requirements relating to 911 services and provide[d] legislative findings that each serves an important state interest in protecting the public safety. First, the bill require[d] each county to develop a countywide plan to implement text-to-911 services and to implement the plan by January 1, 2022. Second, the bill require[d] the Technology Program within the Department of Management Services to develop a plan by February 1, 2020, to upgrade 911 public safety answering points (PSAP) within the state to allow the transfer of an emergency call from one local, multijurisdictional, or regional E911 system to another local, multijurisdictional, or regional E911 system in the state. The bill specifie[d] that this transfer capability should include voice, text message, image, video, caller identification information, location information, and additional standards-based 911 call information. It also provide[d] duties in developing the plan. Third, the bill require[d] the development and implementation of communications systems that allow direct radio communication between each PSAP and first responders.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 441]
¶ EMERGENCY PREPAREDNESS AND RESPONSE FUND
2022: Ron DeSantis Signed Into Law Legislation That Prioritized Funds Appropriated To State And Local Entities For Disaster Response Or Relief And Authorized The Governor To Make Funds Available From The Emergency Preparedness And Response Fund If The Appropriated Disaster Relief Funds Become Insufficient. In February 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 96, which “amend[ed] the financing provisions related to state expenditures made in response to a declared state of emergency. The bill require[d] funding to first come from funds specifically appropriated to state and local agencies for disaster relief or response. If those funds are insufficient, the bill authorize[d] the Governor to make funds available by transferring and expending moneys in the Emergency Preparedness and Response Fund. The bill authorize[d] the Governor to request the Legislative Budget Commission to approve a request to transfer additional funds to the Emergency Preparedness and Response Fund. The bill direct[ed] the immediate transfer of $500 million from the General Revenue Fund to the Emergency Preparedness and Response Fund.” [Florida Senate, Accessed on 10/14/22; Florida Senate, S.B. 96]
2022: Ron DeSantis Signed Into Law Legislation That Created The Emergency Preparedness And Response Fund Within The Governor’s Office And Provided That Such Funds Would Be Used Exclusively For The Governor To Prepare Or Respond To Declared Disasters Of Emergency. In February 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 98, which “create[d] the Emergency Preparedness and Response Fund within the Executive Office of the Governor. Moneys specifically appropriated to the fund are available as a primary funding source for the Governor for purposes of preparing or responding to a disaster declared by the Governor as a state of emergency that exceeds regularly appropriated funding sources. In accordance with Art. III, s. 19(f)(2) State Constitution, the Emergency Preparedness and Response Fund terminates four years after the bill becomes a law, unless terminated sooner. Before the fund terminates the Executive Office of the Governor must recommend to the Legislature whether to recreate the fund or allow it to terminate.” [Florida Senate, Accessed on 10/14/22; Florida Senate, S.B. 98]
- S.B. 96 And S.B. 98 Created A $500 Million Rainy Day Fund Under The Authority Of The Governor, Which Provided Ron DeSantis And Subsequent Governors A Fund Of Money To Use During Declared States Of Emergency. According to Florida Politics, “Gov. Ron DeSantis signed the first bills of the 2022 Legislative Session on Thursday — two proposals creating a $500 million rainy day fund in the Governor’s name. Under the bills (SB 96 and SB 98), lawmakers are empowering the Governor with what they dub the Emergency Preparedness and Response Fund. The fund will provide DeSantis — and subsequent governors — with a designated pot of money to use during a state of emergency.” [Florida Politics, 2/18/22]
- Critics Raised Concerns That The Fund Would Become The Governor’s “Slush Fund.” According to Florida Politics, “While proponents maintained the fund would install ‘guardrails’ around executive spending, critics — which included many Democrats — feared the proposal could become an executive ‘slush fund.’” [Florida Politics, 2/18/22]
2022: Ron DeSantis Signed Into Law Legislation That Extended The Hurricane Loss Mitigation Program Until June 30, 2032 And Funded The Program With An Annual $10 Million. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 837, which “extend[ed] the Hurricane Loss Mitigation Program (HLMP) within Florida’s Division of Emergency Management (DEM) until June 30, 2032. The HLMP operations are funded through an annual appropriation of $10 million from Florida Hurricane Catastrophe Fund to DEM. The bill expand[ed] the type of projects eligible for the Shelter Retrofit Program within the HLMP for retrofitting existing public facilities used as hurricane shelters to include construction of new public facilities to be used as hurricane shelters. The bill also transfer[red] administration of the Mobile Home Mitigation and Enhancement Program within the HLMP from Tallahassee Community College to Gulf Coast State College.” [Florida Senate, Accessed on 10/24/22; Florida Senate, H.B. 837]
- The Bill Extended The Mitigation Program For An Additional 10 Years And Appropriated An Annual $10 Million From The Florida Hurricane Catastrophe Fund To The Florida Division Of Emergency Management. According to The Capitolist, “Gov. Ron DeSantis signed House Bill 837 (HB 837) into law in order to establish an extension and codify a specialized, state-funded program aimed at mitigating damages caused by hurricanes. The passed legislation extends the Mitigation Program for another ten years and annually appropriates $10 million from the Florida Hurricane Catastrophe Fund to the Florida Division of Emergency Management.” [The Capitolist, 5/27/22]
- The Bill Revised The Usage Of Funds To Include Public Hurricane Shelter Construction In Addition To Retrofitting Existing Public Facilitates, Provided Local Support To Better Wind Resistance Of Residences, And Provided Funds Towards Hurricane Research At The Florida International University. According to The Capitolist, “It revises the use of funds to include the construction of public hurricane shelters in addition to retrofitting existing ones, provides local government support to improve the wind resistance of homes, and dedicates funds towards hurricane research at Florida International University.” [The Capitolist, 5/27/22]
¶ REVIEW AND APPROVAL BY THE COMMISSIONER OF EDUCATION
2019: Ron DeSantis Signed Into Law Legislation That Required The Education Commissioner To Review And Approve All Middle School Civics Education In Consultation With Civics Groups And Stakeholders And Required The Commissioner To Review State-Adopted Civics Course Materials And The Civics Statewide Assessment. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 807, which “require[d] all instructional materials for the middle school civics education course be reviewed and approved by Commissioner of Education (commissioner) in consultation with civics organizations and stakeholders. Any errors and inaccuracies in state-adopted civics instructional materials, identified by the commissioner, must be corrected pursuant to current statutory procedures. The bill require[d] the commissioner to review the current state-adopted civics course materials and the civics statewide end-of-course assessment and make recommendations for improvements by December 31, 2019. The Department of Education must complete a review of civics education course standards by December 31, 2020. The bill also specifie[d] the hours a high school student devotes to specified education initiatives, or other similar programs approved by the commissioner, must count towards the service work requirement for the Florida Bright Futures Scholarship Program.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 807]
¶ CIVIC PARTICIPATION AND CITIZEN SCHOLAR PROGRAM
2021: Ron DeSantis Vetoed Legislation That Would Have Encouraged Civic Education And Participation By Developing A Civic Literacy Practicum For High School Students And Establishing The Citizen Scholar Program At The University Of South Florida, Which Would Have Counted Certain Civic Activities As Undergraduate Credits. In June 2021, according to the Florida Senate, Ron DeSantis vetoed Senate Bill 146, which would have “[r]equir[ed] the Commissioner of Education to develop criteria for a civic literacy practicum that meets certain goals beginning in a specified school year; authoriz[ed] time spent on specified civic engagement activities to count toward requirements for certain scholarships and academic awards; establish[ed] the Citizen Scholar Program within the University of South Florida, etc.” [Florida Senate, Accessed on 9/28/22; Florida Senate, S.B. 146]
- The Bill Received Bipartisan Support In The Legislature. According to the Florida Phoenix, “Now, DeSantis has vetoed a civics education bill, SB 146 — which got bipartisan support from lawmakers — in part because of what’s called ‘action civics,’ which critics consider leftist.” [Florida Phoenix, 6/30/21]
- The Bill Would Have Mandated High School Students To Participate In Activities That Were Intended To Advocate For Meaningful Civic Engagement And Learn How Governmental Agencies At Every Level Interact With The Public. According to the Florida Phoenix, “The bill, SB 146, would have required high school students to participate in a practicum intended to ‘inspire meaningful civic engagement and help students learn how governmental entities at the local, state or federal level interact with the public which they represent and serve.’” [Florida Phoenix, 6/30/21]
- The Bill Would Have Created The Citizen Scholar Program, Which Would Have Combined Instruction With Local Community Concepts Intended To Better Civic Literacy And Such Program Would Have Counted Towards Undergraduate Credit Hours. According to the Florida Phoenix, “The bill would have established the Citizen Scholar Program, intended to combine ‘academic instruction with the implementation of concepts learned into the local community… to improve civic literacy and expand educational experiences for students.’ High school students who completed the program could have received up to six undergraduate credit hours.” [Florida Phoenix, 6/30/21]
- The Bill Would Have Required High School Students To Participate In A Civics Project, Such As A Government Internship Or Learning About The Citizenship Naturalization Process. According to the Florida Phoenix, “Also, high school students would have been required to participate in a civics activity, such as taking up an unpaid government internship, or learning about the U.S. citizenship naturalization process and attending a naturalization oath ceremony. Then the student would have been required to write a research paper reflecting on their experience.” [Florida Phoenix, 6/30/21]
2021: Ron DeSantis Signed Into Law Legislation That Established The “Portraits In Patriotism Act,” Which Would Show Personal Stories Of People Who Fled Authoritarian Regimes, And Required High School Government Courses To Include Comparative Discussion Of Ideologies That Conflict Freedom And Democracy. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 5, which “require[d] the Florida Department of Education (DOE) to develop or approve an integrated civic education curriculum for public school students in kindergarten through grade 12. The civic education curriculum must aid in students’ development of civic responsibility and knowledge. The bill also establishe[d] the ‘Portraits in Patriotism Act,’ by requiring the DOE to curate oral history resources which integrates into the civics education curriculum personal stories of diverse individuals who demonstrate civic-minded qualities, including first-person accounts of victims of other nations’ governing philosophies who can compare those philosophies with the philosophies of the United States. The bill specifie[d] that the United States Government course that is required to earn a standard high school diploma must include a comparative discussion of political ideologies that conflict with the principles of freedom and democracy in the nation’s founding principles.” [Florida Senate, Accessed on 9/28/22; Florida Senate, H.B. 5]
- The Bill Required The Education Department To “Revamp Government Education,” Including By Implementing A Video Library Of Immigrant Stories Who Lived Under Authoritarian Governments. According to Florida Politics, “That measure (HB 5) requires the Department of Education to revamp government education, including through ‘Portraits in Patriotism,’ a video library of first-person accounts from immigrants who lived under authoritarian regimes. Lawmakers based that vision on videos of Holocaust survivors sharing their stories at the Holocaust Museum.” [Florida Politics, 6/22/21]
- The Bill Required High School Government Courses To Include A Competitive Discuss Of Political Ideology, Including To Demonstrate The Dangers Of Communism And Totalitarianism. According to Florida Politics, “High school government courses will include a comparative discussion of political ideologies. The measure also includes lessons on the ‘evils of communism and totalitarianism.’” [Florida Politics, 6/22/21]
- The Portraits In Patriotism Program Would Include Stories Of Immigrants Who Fled Communist Countries Such As Cuba And Venezuela. According to Florida Politics, “The ‘Portraits in Patriotism’ will include stories told by Floridians who fled communist regimes in Cuba, Venezuela and more.” [Florida Politics, 6/22/21]
¶ CIVICS LITERACY TESTING FOR COLLEGE AND HIGH SCHOOL STUDENTS
2021: Ron DeSantis Signed Into Law Legislation That Required College Students To Complete And Pass A Civic Literacy Course, Required High School Students To Be Tested On Civic Literacy, And Required School Districts To Provide SAT And ACT Testing To High School Juniors. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1108, which “[a]uthoriz[ed] the Department of Education to hold patents, copyrights, trademarks, and service marks; establish[ed] the Innovative Blended Learning and Real-Time Student Assessment Pilot Program within the department; requir [ed] certain students to take a specified assessment relating to civic literacy; requir[ed] certain postsecondary students to complete a civic literacy course and pass a specified assessment to demonstrate competency in civic literacy; requir[ed] school districts to provide the SAT or ACT to grade 11 students beginning in a specified school year, etc.” [Florida Senate, Accessed on 10/5/22; Florida Senate, S.B. 1108]
- The Bill Mandated Colleges And Universities To Require A Civic Literacy Course And Assessment As A Requirement To Graduate And Instructed High Schools To Test Students On Civics. According to Florida Politics, “The second bill (SB 1108), which also passed unanimously, will require state colleges and universities to require a civic literacy course and assessment as graduation requirements. High schoolers will also be tested on civics, and a passing score would allow them to skip those requirements.” [Florida Politics, 6/22/21]
2021: Ron DeSantis Signed Into Law Legislation That Allowed State Universities And Florida College System Institutions To Solicit Charter School Application And Sponsor The Charter Schools, With Approval Of The Florida Department Of Education. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1028, which “[a]uthoriz[ed] members of certain committees of a district school board to attend meetings in person or through the use of telecommunications networks; authoriz[ed] state universities and Florida College System institutions to solicit applications and sponsor charter schools under certain circumstances; authoriz[ed] a charter school to offer a career and professional academy; creat[ed] the ‘Fairness in Women’s Sports Act’; expand[ed] eligibility to receive capital outlay funds to schools of hope operated by a hope operator; authoriz[ed] the principal, teachers, and parent or guardian to collaborate to develop a customized 1-year education plan for the student in lieu of retaining the student, etc.” [Florida Senate, Accessed on 10/5/22; Florida Senate, S.B. 1028]
- The Bill Expanded The Authority For Higher Education Institutions To Help Develop Charter Schools By Allowing The Institutions To Solicit Applications From Charter Schools, Pending Approval From The Florida Education Department, And Sponsor And Operate Charter Schools Inside Any School District And Assume Full Responsibility To Oversee The Charter School. According to ReimaginED, “The new law allows higher education institutions, after approval from the Florida Department of Education, to solicit applications from charter schools. Universities previously were allowed to sponsor charter developmental research schools, often referred to as lab schools. Three charter lab schools now exist in the state: Florida State University Charter Lab K-12 School in Broward County; Florida Atlantic University Charter Lab 9-12 High School in Palm Beach County; and Florida Atlantic University Charter Lab K-12 School in St. Lucie County. State colleges also have been authorized to work with school districts to help develop charter schools that offer secondary education and an option for students to receive an associate degree upon graduation. They additionally were allowed to sponsor one charter school under certain conditions. The new law expands that authorization and allows colleges and universities to sponsor and operate charter schools inside any school district within its service area, with the higher education institution taking ‘full responsibility’ for overseeing the charter school.” [ReimaginED, 6/2/21]
2022: Ron DeSantis Signed Into Law Legislation That Allowed The Charters Of Charter Schools To Be Modified At Any Time And Required School Boards To Vote To Renew, Terminate, Or Not Renew A Charter At Least 90 Days Before The End Of The School Year. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 225, which “modifie[d] provisions relating to a charter agreement between a sponsor and a charter school. The bill provide[d] that a charter may be modified at any time, rather than only during its initial or renewal term. The bill revise[d] provisions related to consolidating two or more charter schools. A request for the consolidation of multiple charters must be approved or denied within 60 days after submission of the request. The bill also require[d] that any sponsor who denies a request for consolidation must provide the charter school’s governing board with the specific reasons for the denial within 10 days. Additionally, the bill modifie[d] the procedures and notification timeframe for terminating or non-renewing a charter. A sponsor must provide notice to a charter school of a decision to renew, terminate, other than an immediate termination, or not renew the charter before a vote and at least 90 days before the end of the school year. The bill provide[d] for the automatic renewal of a charter if notification does not occur at least 90 days before the end of the school year.” [Florida Senate, Accessed on 10/17/22; Florida Senate, H.B. 225]
- The Bill Established Guardrails On How Charter Schools Were Renewed By School Boards, Including By Requiring School Boards To Renew The Charter Schools At Least Nine Days Before The End Of The School Year Or Renew The Charter Automatically. According to Florida Politics, “Lawmakers are starting to take action on a bill to put guardrails on how charter schools are renewed. The measure (HB 225), sponsored by St. Cloud Republican Rep. Fred Hawkins, would require school boards to renew charter schools at least 90 days before the school year ends, or the charter would renew automatically.” [Florida Politics, 12/1/21]
- The Bill Was In Response To A School Board Voting Against Renewing Four Charter Schools’ Charters But The Vote Was 56 Days Before The Charters Were Scheduled To Expire, And The District Was Forced To Renew The Charters After The Florida Education Commissioner Threatened To Withhold District Funding. According to Florida Politics, “The bill comes after the Hillsborough County School Board initially voted against renewing four charter schools’ charters this summer over what the board members considered poor performance. However, the vote came only 56 days before the charters were set to expire. The district ultimately renewed the charters after Education Commissioner Richard Corcoran threatened to withhold funding for the districts for what he considered a violation of a 90-day notice rule.” [Florida Politics, 12/1/21]
¶ CHARTER SCHOOL APPROVAL AUTHORITIES AND FLORIDA INSTITUTE FOR CHARTER SCHOOLS INNOVATION
2022: Ron DeSantis Signed Into Law Legislation That Created The Charter School Review Commission, Gave The Commission Authority To Review And Approve Charter School Applicants, Established The Florida Institute For Charter Schools Innovation At Miami Dade College, And Exempted Charter Schools From Certain Land Use Regulations Already Provided To Public Schools. In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 758, which “[a]uthoriz[ed] members of the Legislature to visit any public school in the legislative district of the member; creat[ed] the Charter School Review Commission within the Department of Education, subject to appropriation; requir[ed] the department to contract with a college or university to provide administrative and technical assistance to the commission; authoriz[ed] the commission to solicit and review certain charter school applications; prohibit[ed] a charter school from being subject to certain land use regulations if such regulations would not be required for certain public schools; establish[ed] the Florida Institute for Charter Schools Innovation at Miami Dade College, subject to appropriation, etc.” [Florida Senate, Accessed on 10/21/22; Florida Senate, S.B. 758]
- The Bill Changed How Charter Schools Were Approved, Expanding The Approval Authority From School Districts To A New Charter School Review Commission. According to WUSF Public Media, “This spring’s legislative session brought huge changes to Florida’s education system —including to how charter schools are approved. Beginning July 1, Florida’s school districts will no longer be the sole arbiter of the permitting process for charters. The state’s new Charter School Review Commission will be able to approve applicants. Previously, districts controlled the process.” [WUSF Public Media, 6/9/22]
- The Bill Required The State Board Of Education To Appoint Seven Commission Members Who Have Experience In Charter Schools, With Senate Confirmation And The Education Commissioner Appointing The Chair Of The Commission. According to WUSF Public Media, “According to the new law, the state Board of Education will select seven members who have charter school experience; the Senate will confirm them; and the state Education Commissioner will appoint the chair. The establishment of this commission could have varied effects on districts across the state.” [WUSF Public Media, 6/9/22]
- The National Association Of Charter School Authorizers Criticized The Authorization Shift, Arguing That Having Authorizers At The State Level Would Deter Local School Districts From Improving The Authorization Process And Decrease Commitment To Charter Schools. According to WUSF Public Media, “The shift has been criticized by some state and national education organizations, including the National Association of Charter School Authorizers. The group said that having multiple authorizers can be a good thing — but added that allowing the state to approve applicants and turn over the final authorizations to local districts isn’t advisable. ‘By removing the discretion from local districts to review charters, local district authorizers would then have little incentive to implement the principles and standards of authorizing, and we fear they would invest less in the process, leading to a decrease in district capacity and commitment,’ the group said in a release. ‘This is a bad idea since research shows that an authorizer’s commitment and capacity are essential to strong charter schools.’” [WUSF Public Media, 6/9/22]
- The Bill Established The Florida Institute For Charter School Innovation At Miami Dade College, With The Task To Analyze Charter Applications, Create Best Practices, Provide Training And Technical Help, Support Charter School Sponsors, And Conduct Research On School Choice And Charter School Authorization. According to ReimaginED, “Establishing the Florida Institute for Charter School Innovation at Miami Dade College. The institute would analyze charter applications, identify best practices, provide training, technical assistance, and support to charter school sponsors, conduct research on education choice, charter school authorization and performance and other related topics. The bill did not cite a specific amount for funding.” [ReimaginED, 3/11/22]
- The Bill Exempted Facilities Leasing Or Providing House Charter School Properties From Having To Seek Rezoning Changes Or Paying Property Taxes For Those Properties. According to ReimaginED, “Exempting facilities providing space to house charter schools from having to seek land use changes or rezonings as well as from property taxes for those spaces.” [ReimaginED, 3/11/22]
- The Bill Required Analysis On Methods For “Providing Capital Outlay Funds To All Public Schools.” According to ReimaginED, “Analyzing methods for providing capital outlay funds to all public schools to ensure equity.” [ReimaginED, 3/11/22]
- The Bill Prohibited The Closure Of Charter Schools “Without Cause.” According to ReimaginED, “Prohibiting charter schools from being closed ‘without cause.’” [ReimaginED, 3/11/22]
¶ Colleges And Universities
2019: Ron DeSantis Signed Into Law “Andrew’s Law,” Which Expanded The Crime Of Hazing To Include Prosecution For Individuals Who Plan The Hazing Event And A Protection From Hazing For Former Members Of A Greek Life Organization, And Provided Prosecution Exemptions To People Who Helped The Hazing Victim Before First Responders Arrived On Site. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1080, which “amend[ed] and reorganize[d] the definition of hazing in s. 1006.63, F.S., to include the perpetuation or furtherance of a tradition or ritual of any organization operating under the sanction of a postsecondary institution. Currently, s. 1006.63, F.S., protects persons who are members of or applicants to a student organization from hazing. The bill add[ed] a person who is a former member of the organization as a person who is protected under s. 1006.63, F.S. Persons who solicit others to commit the crime of hazing or who plan any act of hazing may be prosecuted as if they actively participated in the hazing event under the provisions in the bill. If the hazing results in a permanent injury to the victim, the crime is a third degree felony. The bill provide[d] that a person who provides aid, before medical assistance, law enforcement, or campus security arrive on the scene or if an individual is the first to call 911 seeking medical attention for a hazing victim, and who otherwise cooperates with and assists first responders may not be prosecuted for the crime of hazing. These provisions are named ‘Andrew’s Law’ by the bill.” [Florida Senate, Accessed on 8/23/22; Florida Senate, S.B. 1080]
- The Bill Was In Response To A Florida State University Student Dying During A Fraternity Pledge After Being Hazed Into Drinking A Bottle Of Bourbon. According to the Florida Times-Union, “The measure (SB 1080) was crafted a year after Andrew Coffey, a Florida State University fraternity pledge from Lighthouse Point, died after drinking a bottle of Wild Turkey bourbon that had been taped to his hand. His parents, Tom and Sandy Coffey, worked with lawmakers to toughen laws to address people who plan or engage in hazing at college and universities.” [Florida Times-Union, 4/23/19]
- The Bill Expanded Florida’s Hazing Laws, Which Already Provided That Hazing That Caused Serious Injury Or Death Was Considered A Third-Degree Felony In Florida. According to Tallahassee Democrat, “‘Andrew’s Law,’ adds teeth to Florida’s existing hazing statute that made hazing that causes serious injury or death a third-degree felony in Florida.” [Tallahassee Democrat, 6/26/19]
- Andrew’s Law Made Fraternity And Sorority Leaders Criminally Liable If They Were Involved In The Planning Of A Hazing Event, Even If They Did Not Attend The Event, And The Hazing Resulted In Someone Dying Or Being Seriously Injured. According to Tallahassee Democrat, “The new law makes fraternity and sorority leaders who plan a hazing event, but do not personally attend the event, criminally liable when someone is seriously hurt or killed.” [Tallahassee Democrat, 6/26/19]
- The Bill Provided Prosecution Exceptions To The First Person Who Calls 911 To Help A Hazing Victim, Anyone Helping The Victim As They Wait For Help, And Any Students That Render Assistance While Waiting For EMS To Arrive On Site. According to Tallahassee Democrat, “It also provides that the first person who calls 911 to summon help for a hazing victim and anyone administering aid to the victim while waiting for help to arrive will not be prosecuted. Also, if a student renders assistance to a victim while waiting for EMS to arrive, that person will not be criminally prosecuted.” [Tallahassee Democrat, 6/26/19]
- The Bill Prohibited Hazing A Former Member Or A Fraternity Or Sorority. According to Tallahassee Democrat, “Another element of the new law makes it illegal to commit hazing on a former member of a fraternity or sorority.” [Tallahassee Democrat, 6/26/19]
2020: Ron DeSantis Signed Into Law Legislation That Allowed College Student Athletes To Earn Compensation For The Use Of Their Name, Image, Or Likeness And Barred Colleges And Universities From Preventing An Athlete From Earning Such Compensation. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 646, which “authorize[d] an intercollegiate athlete at a postsecondary educational institution to earn compensation for the use of her or his name, image, or likeness (NIL), and prohibit[ed] a postsecondary institution from preventing an athlete from earning NIL compensation. In addition, the bill prohibit[ed] a postsecondary institution, and specified entities and individuals associated with a postsecondary institution, from compensating or causing compensation to be directed to a current or prospective athlete for her or his NIL. The bill prohibit[ed] an athlete from entering into a contract for NIL compensation if a term of the contract conflicts with a term of the athlete’s team contract. The bill require[d] an athlete who enters into a contract for NIL compensation to disclose the contract to the postsecondary institution at which she or he is enrolled. The bill prohibit[ed] a postsecondary institution from preventing or unduly restricting an athlete from obtaining professional representation by an appropriately licensed or registered athlete agent or attorney for the purpose of securing NIL compensation. The bill specifie[d] that grant-in-aid awarded to an athlete by a postsecondary institution may not be reduced as a result of an athlete earning compensation or obtaining professional representation for the purposes of NIL. The bill require[d] each postsecondary institution to conduct a financial literacy and life skills workshop at the beginning of the athlete’s first and third academic years, with specified stipulations.” [Florida Senate, Accessed on 9/14/22; Florida Senate, H.B. 646]
2021: Ron DeSantis Signed Into Law Legislation That Set July 1, 2021 As The Effective Date For College Athletes To Begin Earning Compensation And Rights And Prohibited Postsecondary Institutions From Using State Funds To Join Or Maintain Membership In An Association That Made Decisions That Would Result In A Negative Fiscal Impact To The State. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 845, which “reinstate[d] the effective date of July 1, 2021, to section 3 of chapter 2020-28, Laws of Florida, to retain current law that makes sections 1006.74 and 468.453, F.S., affecting intercollegiate athlete compensation and rights, effective July 1, 2021. The bill also prohibit[ed] state funds from being used to join or maintain membership in an association whose decisions or proposed decisions are a result of, or in response to, actions proposed or adopted by the Legislature, if such decisions or proposed decisions will result in a negative fiscal impact to the state. The bill require[d] the Board of Governors to notify any association if its actions or proposed actions may require public postsecondary institutions to withdraw from such association.” [Florida Senate, Accessed on 10/4/22; Florida Senate, H.B. 845]
- The Bill Allowed College Athletes To Begin Profiting Off Their Name, Image And Lines On July 1st, 2021 After The Date Was Delayed In The 2020 Bill That Legalized Such Profits. According to Florida Politics, “Gov. Ron DeSantis has signed a bill (HB 845) allowing college athletes to begin making money off their name, image and likeness beginning Thursday, July 1. Last year, lawmakers approved a bill — with GOP support — setting up the July 1, 2021 start date. But during the final week of the 2021 Session in April, GOP Sen. Travis Hutson introduced a last minute amendment to delay the compensation law from going into effect until July 1, 2022. The amendment was tacked onto a bill regulating transgender athletes, which Gov. DeSantis has also signed.” [Florida Politics, 6/30/21]
- The Provision That Prevented Universities From Using State Funds To Join Or Retain Their Membership In Associations That Were To Make Decisions That Result In A Negative Fiscal Impact Was Most Likely In Response To The National Collegiate Athletic Association After They Threatened To Withhold Championship Events In States That Passed Anti-Trans Sports Bills. According to Florida Politics, “GOP Rep. Jay Trumbull also offered an amendment blocking postsecondary institutions from using state funds to ‘join or maintain membership in an association whose decisions or proposed decisions are a result of, or in response to, actions proposed or adopted by the Legislature, if such decisions or proposed decisions will result in a negative fiscal impact to the state.’ That seemed directed at the National Collegiate Athletic Association, who threatened to withhold championship events in states that passed discriminatory bills like the transgender sports bill. But Trumbull denied the second provision directly targeted the group. During discussion in the Senate, Hutson explained that NCAA fees won’t be affected, as they’re paid with auxiliary funds, not state money. ‘I don’t believe it affects our universities or colleges at all,’ Hudson said. ‘I’ve talked to universities such as FSU and the University of Florida. They agree with my assessment that this will not cause any harm to them.’” [Florida Politics, 6/30/21]
¶ DUAL ENROLLMENT SCHOLARSHIP PROGRAM FOR HOMESCHOOLED AND PRIVATE SCHOOL STUDENTS
2021: Ron DeSantis Signed Into Law Legislation That Established The Dual Enrollment Scholarship Program To Reimburse Eligible Postsecondary Institutions For Tuition And Fees Associated With Dual Credit Participation By Private School Or Homeschooled Students. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 52, “[r]evis[ed] grant specifications; requir[ed] funds appropriated for the Florida Postsecondary Comprehensive Transition Program to only be used for certain grants as specifically authorized in the General Appropriations Act; renam[ed] collegiate high school programs as early college programs; clarif[ied] fee exemptions for the Department of Children and Families; establish[ed] the Dual Enrollment Scholarship Program; provid[ed] for the reimbursement of tuition and costs to eligible postsecondary institutions; requir[ed] students participating in dual enrollment programs to meet specified minimum eligibility requirements in order for institutions to receive reimbursements, etc.” [Florida Senate, Accessed on 9/28/22; Florida Senate, S.B. 52]
- The Bill Gave Homeschooled And Private School Students Greater Opportunities To Earn College Credits. According to ReimaginEd, “Florida students who are homeschooled or who attend private high schools will have more opportunity to earn college course credits this fall as the result of a bill Gov. Ron DeSantis signed into law earlier today.” [ReimaginEd, 6/24/21]
- The Bill Reserved $15.5 Million In State Funds To Cover Expenses For Homeschooled And Private School Students To Participate In Dual Enrollment Programs And The Bill Corrected A Loophole In State Law That Left The State Without A Way To Cover The Dual Enrollment Tuition And Fees Of Non-Public School Students. According to ReimaginEd, “SB 52 sets aside $15.5 million in state money to cover the costs for homeschooled and private school students who participate in dual enrollment programs by taking courses from a partnering college or university. It corrects a glitch in state law that for the past eight years left the state without a funding mechanism to cover the tuition and fees of dual enrollment students who did not attend public schools.” [ReimaginEd, 6/24/21]
¶ PROHIBITING COLLEGES FROM “SHIELDING” FREE SPEECH AND INTELLECTUAL FREEDOM
2021: Ron DeSantis Signed Into Law Legislation That Prohibited The Florida Board Of Education And Board Of Governors From “Shielding” College Students And Faculty From Protected Free Speech And Required An Annual Basement Of The Intellectual Freedom And Viewpoint Diversity Of College Professors. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 233, which “[p]rohibit[ed] State Board of Education and BOG from shielding students, staff, and faculty from certain speech; require[d] State Board of Education to conduct annual assessment on intellectual freedom & viewpoint diversity; create[d] a cause of action for recording or publication of certain video or audio recordings; revise[d] provisions related to protected expressive activity, university student governments, & codes of conduct.” [Florida Senate, Accessed on 10/5/22; Florida Senate, H.B. 233]
- The Bill Banned The Florida Board Of Education And Board Of Governors From “Shielding” Certain Speech, Especially Certain Ideological Speech, And Required Them To Annually Survey The Viewpoints Of Professors To Evaluate The Intellectual Freedom And Diversity Within Faculty. According to Florida Politics, “The third and more controversial measure (HB 233) will prohibit the state Board of Education and Board of Governors from shielding students, staff and faculty from certain speech, namely speech from particular ideologies. Additionally, the bill will require those academic governing bodies to annually survey the viewpoints of college and university professors ‘to assess the status of intellectual freedom and viewpoint diversity.’” [Florida Politics, 6/22/21]
- The Bill Provided That School Leadership Was Not Allowed To “Shield” Free Speech Under The First Amendment And Could Not Restrict Students’ Access To Opinions That Leadership May Find Uncomfortable, Disagreeable Or Offensive. According to Florida Politics, “Under the bill, which passed despite opposition from most Democrats and a pair of Republicans, school leadership can’t ‘shield’ students from free speech protected under the First Amendment. They couldn’t limit students’ access to ideas and opinions they may find uncomfortable, unwelcome, disagreeable or offensive.” [Florida Politics, 6/22/21]
2021: Ron DeSantis Signed Into Law Legislation That Created Several College And University Tuition Breaks, Including Tuition Waivers For Students Who Enroll In The Programs Of Strategic Emphasis Identified By The Board Of Governors, A Tuition Waiver For One Online Class For Certain Eligible Students, And A Tuition Discount For Non-Resident Students Who Have Grandparents Who Legally Reside In Florida. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1261, which “clarifie[d] that a specified postsecondary education tuition and fee exemption applies to a student currently in the custody of the Department of Children and Families (DCF), in foster care, under a court guardianship, or adopted from DCF, or who was when the student turned 18 years of age. The bill create[d] a fee waiver, beginning in the 2021-2022, for Florida students who enroll in one of eight Programs of Strategic Emphasis identified by the Board of Governors. A state university must waive tuition and fees for one upper-level course in that program for every upper-level course in which the student is enrolled. The bill also provide[d] that students who receive the fee waiver for these courses will receive their standard award from the Bright Futures Florida Academic Scholars or Florida Medallion Scholars program. The waiver is available for up to 110 percent of the degree program credit hours. The bill create[d] the State University Free Seat Program for Florida veterans and active duty personnel, and nontraditional students who have been out of school for five years, to enroll in an online baccalaureate program. Under the program a state university must waive tuition and fees for one online course. For all other courses in the online program, the state university may not charge more than 75 percent of the standard tuition rate and tuition differential fee. The discount is available for up to 110 percent of the program credit hours, and the program is capped at 1,000 student systemwide. The bill create[d] an out-of-state fee waiver for nonresident students, starting in the 2022-2023 academic year, who: Have a grandparent who is a legal resident of Florida; Earn a high school diploma comparable to Florida’s; Achieve an SAT score in the 89th percentile, or a score on another comparable admissions test; and Enroll as a full-time undergraduate student at a state university in the fall academic term immediately following high school graduation. The waiver is available for up to 110 percent of the degree program credit hours, and is capped at 350 students systemwide. Financial Aid Programs The bill ma[de] technical and substantive changes to state financial aid programs, which: Modifie[d] the Benacquisto Scholarship Program to remove initial eligibility for non-resident students beginning with the 2022-2023 academic year. Codifie[d] existing requirements and establishes additional responsibilities for institutions that receive state financial aid and tuition assistance funds, with penalties for noncompliance. Remove[d] from the Florida Student Assistance Grant program obsolete or unused provisions.” [Florida Senate, Accessed on 10/6/22; Florida Senate, H.B. 1261]
- The Bill Created Several College Tuition Breaks. According to the Tampa Bay Times, “Florida lawmakers have reached a compromise on a wide-ranging higher education bill that would create several tuition breaks for college students and would expand on the Legislature’s push to provide coronavirus liability protections.” [Tampa Bay Times, 4/27/21]
- The Bill Offered In-State Tuition To Out-Of-State Students With Grandparents That Reside In Florida, Created A “Buy One, Get One Free” Waiver For People Enrolled In Programs In Accordance To Florida’s Economic And Workforce Needs, And Created Tuition And Fee Waivers For One Virtual Course, Including For Veterans And Servicemembers. According to the Tampa Bay Times, “Lawmakers have stuffed the bill (HB 1261) with several new tuition breaks — a contrast to agreed cuts to other college financial aid programs this year. The bill, for example, offers in-state tuition to out-of-state students whose grandparents live in Florida, creates a ‘buy one, get one free’ waiver for students who enroll in programs aligned to the state’s economic and workforce needs, and tuition and fee waivers for one online course for certain students, including veterans and active-duty military members.” [Tampa Bay Times, 4/27/21]
- The Bill’s Tuition Breaks Were Expected To Cost Taxpayers $25 Million. According to the Tampa Bay Times, “The tuition break will cost taxpayers $25 million, an expense that House and Senate budget writers have already agreed to incorporate in the budget for the 2021-22 fiscal year.” [Tampa Bay Times, 4/27/21]
- The Bill Required The Board Of Governors To Publish Information About Median Salaries, Average Student Debt, And Debt-To-Income Ratio For Several Professions And Areas Of Studies. According to the Tampa Bay Times, “Lawmakers have also incorporated language in the bill that would require the Board of Governors to develop and publish an online dashboard featuring information about median salaries, average student loan debt and debt-to-income ratio for different types of careers and areas of studies.” [Tampa Bay Times, 4/27/21]
- The Bill Required Universities To Connect Undergrad Students To Career Planning And Coaching During Their Freshman Year And Instructed That Students’ Registration Could Be Placed On Hold If They Failed To Register With Their Campus’s Career Center Or Did Not Complete Their Career Readiness Training. According to the Tampa Bay Times, “In addition to the dashboard, each state university board of trustees will be required to adopt procedures to connect undergraduate students to career planning, coaching and related programs during their first academic year. Students’ registrations could be placed on hold if they do not register with the university’s career center, complete a career readiness training, or have not been directed to the information on the dashboard.” [Tampa Bay Times, 4/27/21]
- The Bill Created The State University Free Seat Program, Which Required State Universities To Waive Tuition And Fees For One Online Class For A Florida Resident Who Is A Veteran, Military Member, A National Guard Member, Or A Student Who Was Not Enrolled In Higher Education For Over Five Years. According to the Tampa Bay Times, “The bill would also create the State University Free Seat Program, which would require each state university to waive the tuition and fees for one online course for a Florida resident who is a veteran, an active duty member of the United States Armed Forces, an active drilling member of the Florida National Guard, or a student who has not been enrolled in a post-secondary institution for more than five years.” [Tampa Bay Times, 4/27/21]
- Without A Limit As To How Many Students Could Benefit From The Tuition Waiver, State Universities Could Lose $129.18 To $180 Per Every Credit Hour For Each Course Waived. According to the Tampa Bay Times, “The tuition break will be a revenue hit to state universities, according to the bill analysis. For each course waived, universities could loose $129.18 to $180 per credit hour. There is no cap on the number of students who can benefit from the tuition waiver.” [Tampa Bay Times, 4/27/21]
- The Bill Capped The “Memaw” Tuition Break At 350 Students Per Academic Year, Which Offered Tuition Discounts To Out-Of-State Students Who Had Grandparents Who Reside In Florida. According to the Tampa Bay Times, “The bill also includes the so-called ‘memaw’ tuition break. It offers in-state tuition rates to high-performing, out-of-state students whose grandparents live in Florida. The ‘memaw’ provision went through several rewrites during session, and at one point would have only applied to students whose grandparents were veterans. But lawmakers agreed to broaden it again to offer tuition breaks to out-of-state students whose grandparents are legal residents in Florida. Before waiving fees, state universities would be required to have a student attest to the familial relationship to the grandparents, though they would not be required to independently verify the statements. The ‘memaw’ tuition discount is capped at 350 students each academic year.” [Tampa Bay Times, 4/27/21]
2021: Ron DeSantis Signed Into Law Legislation That Authorized The Florida Postsecondary Comprehensive Transition Grant Program, Provided Institution Eligibility For The William L. Boyd, IV, Effective Access To Student Education Grant Program, Repealed The Access To Better Learning And Education Grant Programs, And Expanded The $200K Faculty Salary Cap To Include All University Faculty With Certain Program Exceptions. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 5601, which “authorize[d] Florida Postsecondary Comprehensive Transition Program grants as provided in the General Appropriations Act. The bill provide[d] minimum performance standards for institutions to be eligible to participate in the William L. Boyd, IV, Effective Access to Student Education Grant Program. Participating institutions must submit an accountability report to the Department of Education which includes the following metrics: Access rates based upon percentage of Pell-eligible students. Affordability rates based upon average student loan debt; federal, state, and institutional financial assistance; and average tuition and fees. Graduation rates. Retention rates. Postgraduate employment or continuing education rates. The department is required to recommend minimum performance standards that institutions must meet to remain eligible to receive grants. The bill repeal[ed] the Access to Better Learning and Education Grant Program. The bill expand[ed] the existing $200,000 faculty salary cap from state university administrative employees to include all university faculty, excluding those in the following programs: Computer Information Sciences and Support Services; Engineering; Engineering Technologies and Engineering-Related Fields; Florida Mental Health Institute; Health Professions and Related Programs; Homeland Security; Law Enforcement, Firefighting, and Related Fields; Mathematics; Nursing; Physical Sciences; and Medical schools.” [Florida Senate, Accessed on 10/10/22; Florida Senate, H.B. 5601]
- The FY 2022 Budget Suspended A $600 Stipend That Bright Future Recipients For Textbook Costs Every Year And Eliminated The Access To Better Learning And Education (ABLE) Grant Program, Cutting $5 Million Used To Help Floridians With Private College Tuition. According to the Tampa Bay Times, “House and Senate budget leaders agreed to suspend a $600 stipend that top-level Bright Futures recipients get each year to offset the cost of textbooks, a move that will save $37 million. Lawmakers have also signed off on a $5 million cut that will eliminate the Access to Better Learning and Education (ABLE) grant program, which helps Floridians pay for private college tuition.” [Tampa Bay Times, 4/26/21]
2022: Ron DeSantis Signed Into Law Legislation That Expanded The Eligibility Requirements For The Bright Futures Scholarship Program By Allowing Students To Apply Their Paid Work Hours In Lieu Of Volunteer Hours. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 461, which “modifie[d] the eligibility requirements for the Bright Futures Scholarship Program to include an option for students to use paid work hours in lieu of volunteer hours to qualify for a scholarship. Specifically, students graduating in the 2022-2023 academic year and thereafter may qualify for a Florida Academic Scholars, Florida Medallion Scholars, Florida Gold Seal Vocational Scholars, or Florida Gold Seal CAPE Scholars award through volunteer hours specified in law, or through 100 hours of paid work. The paid work hours must meet the requirements for volunteer hours, including documentation in writing of paid work hours and a student evaluation and reflection upon his or her volunteer service or paid work experience through papers or other presentations. The bill also ma[de] it optional for a student to identify a social or civic issue or a professional area and develop a plan for personal involvement or learning about the area.” [Florida Senate, Accessed on 10/18/22; Florida Senate, H.B. 461]
- The Bill Included Work Experience In Lieu Of Service Hours As A Way To Expand Eligibility Requirements For The Bright Futures Scholarship Program, Allowing More Students To Qualify Who May Have Not Fulfilled The Service Hour Requirements. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed House Bill 461 to expand eligibility requirements for the Bright Futures Scholarship Program to include paid work experience as a substitute for service hours. This expansion will allow students who work after school jobs to apply their paid work contributions to their communities to substitute service hour requirements. The legislation allows students the opportunity to receive Bright Futures Scholarships who might not otherwise have been able to meet the requirements for a scholarship.” [Press Release - Governor Ron DeSantis, 6/27/22]
2022: Ron DeSantis Signed Into Law Legislation That Exempted From Public Disclosure Requirements Any Personal Information Of An Applicant For A College Or University President Until The End Of The Application Process And The Applicants Become Finalists. In March 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 520, which “ma[de] confidential and exempt from public disclosure requirements any personal identifying information of an applicant for the position of president of a state university or Florida College System (FCS) institution held by a state university or an FCS institution. The bill provide[d] that the personal identifying information of an applicant included in a final group of applicants for president is no longer confidential and exempt from public records requirements beginning at the earlier of the date the final group of applicants to be considered for president is established or at least 21 days before either an interview of an applicant or final action on the offer of employment. The bill also exempt[ed] from open meeting requirements any portion of a meeting held for the purpose of identifying or vetting applicants for president of a state university or FCS institution, including any portion of a meeting that would disclose personal identifying information of such applicants. However, the meeting exemption does not apply to any portion of a meeting held for the purpose of establishing qualifications for the position or establishing any compensation framework to be offered to an applicant. Additionally, any meeting held after a final group of applicants has been established must be open to the public. The bill require[d] a complete recording to be made of any portion of a closed meeting, and prohibits any closed portion of a meeting from being held off the record. The recording of the closed portion of a meeting is also exempt from the public disclosure requirements. The exemptions established in the bill expire on October 2, 2027, unless saved from repeal by the Legislature.” [Florida Senate, Accessed on 10/18/22; Florida Senate, S.B. 520]
- The Bill Shielded From Disclosure Applicant Information For Individuals Seeking To Positions As University Or College Presidents By Creating A Public Records Exemption For Their Identification Information. According to the Tampa Bay Times, “Gov. Ron DeSantis on Tuesday signed a bill that will shield from disclosure information about applicants to become presidents of state colleges and universities. The bill (SB 520) creates a public records exemption for identifying information about applicants for the leadership posts.” [Tampa Bay Times, 3/16/22]
- The Bill Provided For Applicant Information To Be Disclosed Until The End Of The Search Process For Finalists. According to the Tampa Bay Times, “Information about finalists will be released near the end of search processes.” [Tampa Bay Times, 3/16/22]
- Opponents Argued The Exemption Went Against Open Government And Had The Potential Of Benefitting Politically-Connected Candidates. According to the Tampa Bay Times, “But opponents of the bill said it goes against Florida’s history of open government and could benefit politically connected candidates.” [Tampa Bay Times, 3/16/22]
- The Bill Was Criticized By Faculty Leaders At Colleges And Universities, Arguing The Records Exemption Was Authoritarian, And Faculty Organization, Arguing It Blurred The Line Between Higher Education And Politics. According to the Tampa Bay Times, “A bill that would keep parts of the presidential selection process secret at Florida’s public colleges and universities is drawing harsh criticism from faculty leaders, who call it an authoritarian move. With presidential searches underway at four state universities, faculty organizations in Florida and beyond say the legislation threatens to blur the line between higher education and politics. Many point to last year’s presidential search at Florida State University, where the name of education commissioner Richard Corcoran, a former House Speaker, found its way onto a short list late in the search process.” [Tampa Bay Times, 1/25/22]
¶ POST-TENURE REVIEWS AND ACCREDITATION PROCESS
2022: Ron DeSantis Signed Into Law Legislation That Authorized The Board Of Governors To Regulate Post-Tenure Reviews, Required Five-Year Reviews For Professors Who Have Received Tenure, And Required Colleges And Universities To Apply To Different Accrediting Agencies Every Accreditation Cycle. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7044, which “[a]uthoriz[ed] the Board of Governors to adopt a regulation regarding post-tenure reviews for state university faculty; revis[ed] the maintenance requirements of, and information that must be included in, the statewide course numbering system; requir[ed] the Board of Governors and State Board of Education to identify and determine accrediting agencies or associations best suited for public postsecondary institutions by a specified date; requir[ed] Florida College System institutions and state universities, respectively, to post specified information relating to tuition and fee rates and proposed changes to such rates on their websites, etc.” [Florida Senate, Accessed on 11/1/22; Florida Senate, S.B. 7044]
- The Bill Was Designed To Hinder “Endless Tenure” For Higher Education Professors And Prevent “Undue Interference” In State Universities By External Accreditation Agencies. According to Florida Politics, “Gov. Ron DeSantis on Tuesday signed SB 7044, a measure designed to put a dent in endless tenure for college and university professors and prevent what supporters call undue interference in state universities by outside accreditation agencies.” [Florida Politics, 4/19/22]
- A Controversial Provision Of The Bill Required A Review Of Professors Every Five Years After They Achieve Tenure And The Review Must Include The Professor’s Accomplishments And Productivity, Research And Teaching Duties, Performance Evaluations, Recognition And Compensation Considerations, And Improvement Plans. According to Florida Politics, “One of the provisions generating the most opposition imposes a review every five years for professors after they achieve tenure. The review process will be set up by the State University System’s Board of Governors. But the process must include an overview of a professor’s ‘accomplishments and productivity; assigned duties in research, teaching and service; performance metrics, evaluations and ratings; and recognition and compensation considerations, as well as improvement plans and consequences for underperformance.’” [Florida Politics, 4/19/22]
- The Bill Required State Universities To Be Accredited By A Different Agency Each Cycle. According to Florida Politics, “Another provision in the bill requires state universities to be accredited by a different agency each accreditation cycle. The Board of Governors must select a slate of accrediting agencies recognized by the U.S. Department of Education by Sept. 1.” [Florida Politics, 4/19/22]
- The Southern Association Of Colleges And Schools Commission On Colleges Warned That Florida State University’s Accreditation Could Be Jeopardized Because Of Education Commissioner Richard Corcoran’s Candidacy For President Of Florida State Since As Commissioner, He Was Part Of The Board Of Governors Who Approve The Presidential Hire. According to Florida Politics, “GOP lawmakers also moved to pass such a measure after the head of the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) wrote to the Board of Governors warning that Florida State University’s accreditation could be in jeopardy because of Florida Education Commissioner Richard Corcoran’s candidacy for the FSU president job. As Education Commissioner, Corcoran has a seat on the Board of Governors, which must approve the FSU hire. SACSCOC said that was a conflict of interest, and suggested Corcoran should resign if he wanted to seek the FSU presidency.” [Florida Politics, 4/19/22]
- The Bill Allowed Universities To Sue An Accrediting Agency For Damages If They Were Negatively Impacted And The Institutions Could Return To A Previous Accrediting Agency If They Fail To Meet Requirements Of A New Accreditor. According to the Tampa Bay Times, “The bill also would require universities to change accrediting agencies after an evaluation cycle and enable them to sue an accreditor for damages if they feel they are negatively impacted. Schools could return to a previous accreditor if they don’t meet the requirements of a new accreditor.” [Tampa Bay Times, 3/10/22]
- The Bill Required Institutions To Post Textbook Lists At Least 45 Days In Advance, Changed The Way They Share Tuition And Fee Information, And Required Maintenance Of The Statewide Course Numbering System. According to the Tampa Bay Times, “The bill’s other provisions include requiring textbook lists to be posted at least 45 days in advance, and changes in the way universities share information on tuition and fees. It also calls for maintenance of the statewide course numbering system.” [Tampa Bay Times, 3/10/22]
- Democratic Lawmakers Warned The Bill Could Have Consequences, Including A Loss Of Federal Funding For Students And Researchers. According to the Tampa Bay Times, “The measure passed in the Florida House by a 77-40 vote late Wednesday. Before that, House Democrats with public universities in their districts warned the changes would have consequences. Rep. Ramon Alexander, D-Tallahassee, called the bill ‘extremely dangerous,’ saying it could lead to a loss of federal dollars for students and researchers. He advised lawmakers to have a ‘nonpolitical’ conversation about the impact of the bill.” [Tampa Bay Times, 3/10/22]
- Critics Argued That Making Universities Change Accreditors Frequently Would Place Burdensome Requirements On Colleges That Could Increase Tuition Costs. According to Higher Ed Dive, “The bill has drawn criticism, including that frequently changing accreditors will place onerous requirements on colleges that could drive up tuition prices for students.” [Higher Ed Dive, 3/10/22]
- Policy Experts Argued The Accrediting Requirements For Federal Funding Would Be Difficult To Comply With Because Applying To New Accrediting Agencies Could Take Multiple Years. According to Higher Ed Dive, “Colleges must be recognized by an approved accrediting agency to access federal financial aid. But policy experts say Florida lawmakers’ changes to accreditation requirements would be difficult to carry out because accrediting agencies come in limited numbers and applying to new ones can take multiple years.” [Higher Ed Dive, 3/10/22]
2021: Ron DeSantis Signed Into Law Legislation That Required That General Health Education Courses For K-12 Students To Be “Developmentally And Age-Appropriate,” And Shifted Health Education Instruction On Abstinence And Teen Pregnancy To Grades 6 Through 12. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 519, which “modifie[d] required instruction for members of the instructional staff of public schools and require[d] that the general health education curriculum for kindergarten through grade 12 must be developmentally and age-appropriate, and include information on the prevention of child sexual abuse, exploitation, and human trafficking. The bill also shift[ed] health education instruction on abstinence and the consequences of teenage pregnancy from kindergarten through grade 12 to grades 6 through 12.” [Florida Senate, Accessed on 10/3/22; Florida Senate, H.B. 519]
- The Bill Instructed That Students Should Begin Learning About General Health At An “Age-Appropriate And Developmentally Appropriate” Grade Level, Including Learning About Child Sexual Abuse, Exploitation, Human Trafficking, And Substance Abuse. According to WFLA News Channel 8, “HB 519, the new bill on health education instruction, will revise what grades students start learning about different health aspects, from general health to child sexual abuse, exploitation, and human trafficking, as well as substance abuse. Now in effect, the new law requires that health education be taught at ‘age-appropriate and developmentally appropriate’ levels for K-12 students.” [WFLA News Channel 8, 7/1/21]
- The Bill Instructed That Students In Grades 6 To 12, Instead Of K-12 Students, Should Be Taught Sexual Abstinence As The “Expected Standard” And Teen Pregnancy Consequences. According to WFLA News Channel 8, “Separately, education for students from sixth through 12th grade will be taught ‘the benefits of sexual abstinence as the expected standard and the consequences of teenage pregnancy.’ This changes the previous education ages, where some form of the lessons were taught across K-12, rather than restricting it to sixth and beyond.” [WFLA News Channel 8, 7/1/21]
¶ HOLOCAUST AND 1920 ELECTION DAY RIOTS EDUCATION
2020: Ron DeSantis Signed Into Law Legislation That Required Public Schools To Certify That They Provide History Education Related To The Holocaust And Required The African American History Take Force To Determine How To Include The 1920 Ocoee Election Day Riots Into African American History Lessons. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1213, which “[d]irect[ed] the Commissioner of Education's African American History Task Force to determine ways in which the 1920 Ocoee Election Day Riots will be included in required instruction on African-American history; direct[ed] the Secretary of State to take certain action regarding the inclusion of the history of the 1920 Ocoee Election Day Riots in museum exhibits; directing the Secretary of Environmental Protection to assess naming opportunities for state parks, or a portion of a facility therein, in recognizing victims of the 1920 Ocoee Election Day Riots; encourage[ed] district school boards to assess naming opportunities for naming school facilities in recognition of victims of the 1920 Ocoee Election Day Riots; include[ed] certain instruction related to anti-Semitism in the required instruction relating to the Holocaust; designat[ed] a certain week as ‘Holocaust Education Week’, etc.” [Florida Senate, Accessed on 9/16/22; Florida Senate, H.B. 1213]
- The Bill Required Public Schools To Certify That They Provide Holocaust Education And The Bill Began The Process To Teach About The 1920 Ocoee Election Day Riots. According to Florida Politics, “With racial injustice issues playing out at both the national and state levels, Gov. Ron DeSantis signed legislation Tuesday that would bring questions of race to the forefront of education. When the law (HB 1213) goes into effect July 1, it will require public schools to certify that they teach about the Holocaust. Another provision of the bill sets the ball rolling on teaching about the 1920 Ocoee Election Day Riots.” [Florida Politics, 6/24/20]
- The Bill Directed The Education Commissioner’s African American History Task Force To Explore How To Educate Students On The Ocoee Massacre And Encouraged Opportunities To Honor The Victims Of The Riots Through Park Designations And Exhibits. According to Florida Politics, “Book and Rep. Randy Fine worked together with Sen. Randolph Bracy to include language that charges the Education Commissioner’s African American History Task Force with exploring how to teach about the Ocoee Massacre in history classes. Additionally, it promotes opportunities to elevate victims of the riots through park names and exhibits.” [Florida Politics, 6/24/20]
- 1920 Ocoee Election Day Riots: A Wealthy Black Man, Julius “July” Perry, Was Lynched By Ku Klux Klan Members Because He Attempted To Vote In The Presidential Election And Encouraged Other Black People To Vote. According to the Florida Phoenix, “The two-day riot, which took place in the Orange County town of Ocoee, involved the lynching of Julius ‘July’ Perry, a wealthy Black man. Ku Klux Klan members were furious about Perry’s attempt to vote in a presidential election and he encouraged others to vote in the black community.” [Florida Phoenix, 6/26/20]
- 1920 Ocoee Election Day Riots: Other Black Residents Were Killed Or Forced To Abandon Their Homes And Land Holdings. According to the Florida Phoenix, “Other African American residents in the town were slaughtered or forced to flee their homes, leaving behind land holdings, now worth millions, that were acquired by the state.” [Florida Phoenix, 6/26/20]
- Since The Bill Instructed The African American History Task Force To Make Recommendations Over The Instruction Of 1920 Ocoee Massacre By March 1, 2021, Students Would Not Be Taught About The Event In The Upcoming 2020-2021 School Year. According to the Florida Phoenix, “Ultimately, Bracy’s efforts led to the education bill signed by Gov. DeSantis earlier this week, about instruction on the ‘Ocoee Election Day’ massacre of 1920. However, the instruction contemplated in the legislation may take longer than expected to meld into the curriculum. And it could be a long journey before kids learn anything about the Ocoee riots. The bill requires the Commissioner of Education’s African American History Task Force to come up with recommendations on what will be included in the instruction related to the Ocoee massacre. Those recommendations won’t come until March 1, 2021, which means students will not get the instruction when they return to school in August, and likely won’t see it in the second semester.” [Florida Phoenix, 6/26/20]
¶ FIRST AID AND CPR TRAINING
2021: Ron DeSantis Signed Into Law Legislation That Required School Districts To Provide First Aid And CPR Training To Public School Students In 9th And 11th Grade And Encouraged First Aid And CPR Training For 6th And 8th Graders. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 157, which “require[d] school districts to provide basic training in first aid, including cardiopulmonary resuscitation (CPR) instruction, for public school students in grades 9 and 11. The bill encourage[d] school districts to provide basic first aid training, including CPR instruction, to students in grades 6 and 8. The bill provide[d] that the CPR training must be based on a one-hour nationally recognized program that uses the most current evidence-based emergency cardiovascular care guidelines.” [Florida Senate, Accessed on 9/29/22; Florida Senate, H.B. 157]
2022: Ron DeSantis Signed Into Law The Stop WOKE Act, Which Effectively Banned Critical Race Theory From Being Taught In Public Schools, Requiring Instructional Materials To Be Consistent With The Principles Of Individual Freedom, Authorizing Discussions Of Sexism, Oppression, And Slavery In An Age-Appropriate Manner And In A Way That Does Not Indoctrinate Students, And Specified How African American History Should Be Taught. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 7, which in part “define[d] individual freedoms based on the fundamental truth that all individuals are equal before the law and have inalienable rights. Accordingly, required instruction, instructional materials, and professional development in public schools must be consistent with the following principles of individual freedom: No person is inherently racist, sexist, or oppressive, whether consciously or unconsciously, solely by virtue of his or her race or sex. No race is inherently superior to another race. No person should be discriminated against or receive adverse treatment solely or partly on the basis of race, color, national origin, religion, disability, or sex. Meritocracy or traits such as a hard work ethic are not racist but fundamental to the right to pursue happiness and be rewarded for industry. A person, by virtue of his or her race or sex, does not bear responsibility for actions committed in the past by other members of the same race or sex. A person should not be instructed that he or she must feel guilt, anguish, or other forms of psychological distress for actions, in which he or she played no part, committed in the past by other members of the same race or sex. The bill authorize[d] discussion and curricula, in an age-appropriate manner, regarding topics such as sexism, slavery, racial oppression, racial segregation, and racial discrimination. However, the bill specifie[d] that instruction and curricula may not be used to indoctrinate or persuade students to a particular point of view inconsistent with the principles of individual freedom or state academic standards. The bill require[d] the State Board of Education to develop or adopt a ‘Stories of Inspiration’ curriculum. This curriculum must consist of stories of American history that demonstrate important life skills and the principles of individual freedom that enabled individuals to prosper even in the most difficult circumstances. The bill expand[ed] required instruction in the history of African-Americans. For example, the bill require[d] that African-American history instruction develop in students an understanding of the ramifications of prejudice, racism, and stereotyping on individual freedoms, and examine what it means to be a responsible and respectful person, for the purpose of encouraging tolerance of diversity and for nurturing and protecting democratic values and institutions. The bill shift[ed] the character development requirements for grades 9 through 12 and the mental and emotional health component of health education into newly required education on life skills, which specifie[d] content intended to build confidence, support mental and emotional health, and enable students to overcome challenges.” [Florida Senate, Accessed on 10/13/22; Florida Senate, H.B. 7]
- Attempting To Combat “Corporate Wokeness” And Critical Race Theory In One Bill, The Legislation Prevented “Discriminatory Instruction In The Workplace And In Public Schools” And Provided That Individuals Freedoms Were Based On The Fact That All People Are Equal And Have Inalienable Rights. According to a press release from Governor Ron DeSantis, “Today, Governor Ron DeSantis signed House Bill (HB) 7, to give businesses, employees, children and families tools to stand up against discrimination and woke indoctrination. The bill includes provisions to prevent discriminatory instruction in the workplace and in public schools and defines individual freedoms based on the fundamental truth that all individuals are equal before the law and have inalienable rights. This legislation is the first of its kind in the nation to take on both corporate wokeness and Critical Race Theory in schools in one act.” [Press Release - Governor Ron DeSantis, 4/22/22]
- The Bill Required Instructional Materials And Professional Development In Schools To Comply With The Principles Of Individual Freedom, Which Included That No Individual Is Inherently Oppressive By The Virtue Of Their Race Or Sex And That Meritocracy Was Not Racist But Imperative For Success. According to a press release from Governor Ron DeSantis, “The bill also requires instruction, instructional materials, and professional development in public schools to adhere to principles of individual freedom outlined in the bill. Those principles include that no person is inherently racist, sexist, or oppressive just by virtue of his or her race or sex and meritocracy or hard work ethic are not racist but fundamental to the right to pursue success.” [Press Release - Governor Ron DeSantis, 4/22/22]
- The Bill Allowed The Discussion Of Sexism, Slavery, Racial Oppression, Segregation And Discrimination In A Way That Is Age-Appropriate And In A Way That It Does Not Indoctrinate Students Against The Principles Of Individual Freedom. According to a press release from Governor Ron DeSantis, “The bill authorizes discussion of topics such as sexism, slavery, racial oppression, racial segregation, and racial discrimination, in an age-appropriate manner, and in such a way that does not indoctrinate or persuade students to a certain point of view that is inconsistent with the principles of individual freedom.” [Press Release - Governor Ron DeSantis, 4/22/22]
- The Bill Expanded The Instruction Of African American History, Requiring Schools To Teach Facts Over African American History And The Holocaust, Instead Of Indoctrinating Students Into Collective Guilt. According to a press release from Governor Ron DeSantis, “The bill also expands instruction of African American history to develop students’ understanding of the ramifications of prejudice and racism. Classroom instruction will educate students on what it means to be a respectful and responsible citizen and encourage tolerance of diversity to protect democratic principles that our country is founded on. Schools are required to teach factual information on topics including African American history and the Holocaust instead of subjective indoctrination that pushes collective guilt.” [Press Release - Governor Ron DeSantis, 4/22/22]
- While The Bill Did Not Mention “Critical Race Theory,” The Legislation Built On A Rule Passed By The Florida Board Of Education That Restricted Teachers From Teaching Pieces Of Critical Race Theory And 1619 Project. According to Politico, “Although the legislation does not call out critical race theory by name, the proposal builds on a state Board of Education rule passed to thwart local teachers from going ‘rogue’ in the classroom by leading lessons that include pieces of the subject. According to the rule, critical race theory and The 1619 Project on race from The New York Times are examples of theories that ‘distort historical events.’” [Politico, 3/10/22]
2022: Ron DeSantis Signed Into Law Budget Education Legislation That Related To The Stop WOKE Act, Allowing Claimants To File Higher Education Violations To The Courts, A Legislative Committee Or The Board Of Governors. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2524, which “[r]evis[ed] the goals of the Florida Center for Nursing; revis[ed] the requirements for school district and charter school capacity determinations; revis[ed] Department of Education duties under the Family Empowerment Scholarship Program; establish[ed] the distribution methodology that early learning coalitions must use to distribute school readiness program funds to eligible providers; creat[ed] the Driving Choice Grant Program within the department for specified purposes relating to the transportation of certain students; establish[ed] the Linking Industry to Nursing Education (LINE) Fund for specified purposes, etc.” [Florida Senate, Accessed on 10/28/22; Florida Senate, S.B. 2524]
- Republican Legislators Added Enforcement Language Relating To The Stop WOKE Act And State Universities By Providing That If A College Were To Be Found In Violation, The College Would Be Ineligible To Receive Performance Funding To The Following Year With The Substantiated Findings Determined By The Courts, A Legislative Committee, Or The Board Of Governors. According to Florida Phoenix, “But on Thursday, GOP lawmakers involved in crafting the state budget added language to a budget bill impacting the enforcement of HB 7 related to state universities. It said: ‘Contingent upon HB 7 or similar legislation… if any institution is found to have a substantiated violation… the institution shall be ineligible to receive performance funding during the next fiscal year following the year in which the violation is substantiated. The budget bill then said that substantiated findings are as determined ‘by a court of law, a standing committee of the Legislature, or the Board of Governors.’” [Florida Phoenix, 3/14/22]
- Democrats Argued That The Added Enforcement Language Relating To The Stop WOKE Act And State Universities Made The Stop WOKE Act Worse For Higher Education And Raised Concerns Over The Legislature’s Transparency. According to Florida Phoenix, “Democrat lawmakers say HB 7 is now even worse for higher education and raises questions on transparency in Florida’s legislative process.” [Florida Phoenix, 3/14/22]
2022: Ron DeSantis Signed Into Law Legislation That Proclaimed November 7th As “Victims Of Communism Day,” And Required High School Government Classes To Teach Topics Related To How People Suffered Under Communist Regimes. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 395, which “require[d] the Governor to proclaim November 7 of each year as ‘Victims of Communism Day.’ The bill call[ed] for public schools to suitably observe such day as a day honoring the 100 million people who fell victim to communist regimes across the world. Beginning in the 2023-2024 school year, the bill require[d] high school students enrolled in the United States Government class required for a standard high school diploma to receive at least 45 minutes of instruction on ‘Victims of Communism Day’ on topics related to communist regimes and how victims suffered under communist regimes. The State Board of Education is required by the bill to, by April 1, 2023, adopt revised social studies standards to include the new required instruction.” [Florida Senate, Accessed on 10/18/22; Florida Senate, H.B. 395]
- Beginning In 2023, Schools Will Observe “Victims Of Communism Day” And Teach High-Schoolers About The “Atrocities” Caused By Communist Regimes. According to The Washington Post, “The law states that starting next year ‘Victims of Communism Day’ will be observed by public schools on Nov. 7. On that day, high-schoolers will receive lessons in their U.S. government classes about the ‘atrocities’ that have been imposed by communist governments.” [The Washington Post, 5/10/22]
- Opponents Scrutinized Ron DeSantis’ Motives, Some Arguing He Embodied Authoritarian Power Grabs, While Others Argued The Governor Should Have Focused On Issues That Impact Floridians Every Day. According to The Washington Post, “Some opponents argue that although the trauma suffered by victims of communism, particularly in Cuba, are real, DeSantis’s motives are not. ‘He continues to ignite culture wars under the guise of fighting ‘communism’ while embodying the same authoritarian power grabs we are all too familiar with,’ one student activist tweeted. Others say the governor should turn his attention to the issues in his state. ‘Why the hell can we not focus for even a moment on what’s impacting people everyday?’ Brandon Wolf, press secretary of Equality Florida, tweeted.” [The Washington Post, 5/10/22]
¶ PERSONAL FINANCIAL LITERACY AND MONEY MANAGEMENT
2022: Ron DeSantis Signed Into Law The Dorothy L. Hukill Financial Literacy Act, Which Required High Schoolers To Earn One-Half Credit In Personal Financial Literacy And Money Management Beginning In The 2023-2024 School Year. In March 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1048, which “establishe[d] the ‘Dorothy L. Hukill Financial Literacy Act,’ and require[d] that, beginning with students entering grade 9 in the 2023-2024 school year, students must earn one-half credit in personal financial literacy and money management in order to receive a standard high school diploma. The bill accordingly reduce[d] the amount of required credits in electives for such students from 8 to 7.5. The bill require[d] that, beginning in the 2023-2024 school year and thereafter, financial literacy standards within the Next Generation Sunshine State Standards must include content specific to, at a minimum, personal financial literacy and money management and include topics specified in the bill.” [Florida Senate, Accessed on 10/25/22; Florida Senate, S.B. 1054]
- Starting With Students Entering High School In The 2023-2024 School Year, The Bill Required High School Students To Take A Financial Literacy Course To Be Eligible For Graduation. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed Senate Bill 1054, titled the Dorothy L. Hukill Financial Literacy Act, which will require high school students to take a financial literacy course to receive a standard high school diploma. The legislation will officially become a graduation requirement for students who enter high school in the 2023-2024 school year and will not affect students currently enrolled in high school.” [Press Release - Governor Ron DeSantis, 3/22/22]
- The Bill Required Students To Earn One-Half Credit In Financial Literacy And Money Management, With The Goal To Help Students Achieve Financial Stability And Independence. According to Press Release - Governor Ron DeSantis, “Students will be required to earn one-half credit in personal financial literacy and money management, including instruction on types of bank accounts, credit scores, taxes, and managing debt. Due to the economic challenges currently facing the nation, SB 1054 will help prepare students by providing them with the knowledge to achieve financial stability and independence.” [Press Release - Governor Ron DeSantis, 3/22/22]
2020: Ron DeSantis Signed Into Law Legislation That Established The Teacher Salary Increase Allocation, Which Increased The Minimum Base Salary For Full-Time Teachers To At Least $47,500 And Provided A Salary Raise To Full-Time Teachers, And Provided Bonus Funding For Students Who Received An Advanced Placement Capstone Diploma. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 641, which “establishe[d] the Teacher Salary Increase Allocation within the Florida Education Finance Program (FEFP). The allocation: Requires school districts and charter schools to use the allocation to increase the minimum base salary for full-time classroom teachers to at least $47,500, or to the maximum amount achievable and as specified in the General Appropriations Act (GAA). Provides for salary increases for full-time classroom teachers who did not receive a salary increase or who received an increase of less than two percent, or as specified in the GAA, and other full-time instructional personnel. Establishes reporting requirements for district school boards, charter school governing boards, and the Department of Education (DOE). The bill also: Repeal[ed] the Florida Best and Brightest Teacher Program, Florida Best and Brightest Principal Program, and the Florida Best and Brightest Teacher and Principal Allocation. Provide[d] the DOE with flexibility to establish timeframes for the advertisement and submission of bids for the 2020 instructional materials adoption cycle. Provide[d] school district bonus funding through the FEFP for students who receive an Advanced Placement Capstone Diploma and meet the requirements for a standard high school diploma. Remove[d] the limit of 30 postsecondary semester credit hours that a student may be awarded for successfully completing International Baccalaureate or Advanced International Certificate of Education course examinations.” [Florida Senate, Accessed on 9/14/22; Florida Senate, H.B. 641]
- The Bill Invested $400 Million To Increase The Minimum Base Salary For Full-Time Teachers And $100 Million To Provide A Pay Raise To Florida’s Veteran Teachers And Personnel, Which Was All Aimed To Address The Shortage Of Teachers. According to a press release from Governor Ron DeSantis, “Today, Governor Ron DeSantis signed House Bill 641, Funds for the Operation of Schools, and announced the approval of $500 million in the state’s budget that will be signed in the coming days, dedicated to raising teacher salaries in Florida. $400 million is invested to raise the minimum base pay for full-time classroom teachers, and $100 million is to raise the salaries of Florida’s veteran teachers and other instructional personnel. This historic increase puts Florida among the best states in the nation for minimum teacher pay, a bold step in alleviating the teacher shortage and elevating the teaching profession to the level of appreciation it deserves.” [Press Release - Ron DeSantis, 6/24/20]
- The Funds Provided For Teacher Compensation Were Required To Be Used Exclusively To Raise Teacher Salaries And Prohibited Collective Bargaining Agreements From Modifying The Requirement. According to a press release from Governor Ron DeSantis, “These funds must be used solely to increase teacher salaries and no collective bargaining agreement can alter this requirement.” [Press Release - Ron DeSantis, 6/24/20]
- June 2021: After A Year Since The Passage Of H.B. 641, Multiple Counties Had Not Provided Pay Raises To Teachers Or Raised Minimum Teacher Pay. According to WFLA News Channel 8, “After passing a new law to increase teacher salaries in 2020, Florida still has not delivered the minimum pay it promised to every teacher in the state. In June 2020, DeSantis signed the legislature’s House Bill 641, which approved $500 million of the state’s budget to increase the minimum or base salaries of all teachers in Florida. From those funds, $400 million was dedicated to raise base pay for full-time teachers in the classroom, and $100 million for increasing salaries for ‘Florida’s veteran teachers and other instructional personnel.’ […] Instead, even as late as June 2021, a full year after the law to increase salaries passed and hundreds of millions of dollars were dedicated to meeting that payment threshold, multiple counties still haven’t made it to mark. In total, 31 counties still have yet to reach the $47,500 salary minimums for all of their teachers, based on reporting of average salaries by the Florida Department of Education.” [WFLA News Channel 8, 2/8/22]
- According To The Leon County School District Superintendent, Ron DeSantis Misled The Public By Providing Only $500 Million To Address Teacher Pay, Which Was Not Enough Funding To Ensure Public Schools Met The Bill’s Benchmark. According to the Tallahassee Democrat, “But the Leon County school district superintendent disagrees: ‘He’s misleading people and teachers when he says they’re all going to start at $47,500,’ Hanna told the USA TODAY NETWORK-Florida. In the bill DeSantis signed, the language specifies the state will allocate funds to raise teacher salaries to $47,500 — or to the maximum amount achievable based on the specific school district’s allocation. ‘This pay bill, although it is $500 million, it is not what we advocated for,’ Florida Education Association President Fedrick Ingram told the Tallahassee Democrat. The FEA is Florida’s largest teacher’s union. In January, thousands of Florida public school teachers marched through the streets of Tallahassee, demanding teacher salaries be a primary issue during the 2020 legislative session. DeSantis also declared 2020 would be the ‘year of the teacher.’ But Ingram said DeSantis is ‘not being completely transparent’ when he applauds his recent teachers’ salary raise. ‘(DeSantis) doesn’t talk about the caveat, that we did not give enough money to get to that benchmark. So there’s an ‘if and then’ statement there that has not been fulfilled,’ he said.” [Tallahassee Democrat, 7/14/20]
- According To The Leon County School District Superintendent, Leon County School District Only Received $5 Million Out Of The $500 Million, Which Was Not Enough To Raise Veteran Teachers’ Salaries Nor Provide A $47,500 Minimum Base Salary. According to the Tallahassee Democrat, “In Leon County, the district says it will receive roughly $5 million of the $500 million in statewide funds, which Hanna said won’t get close to raising all local teachers’ salaries to what DeSantis has promised. Nor will it do much to help veteran teachers receive a substantial raise, he added. ‘Although it’s a step in the right direction, it falls short of what (DeSantis is) proclaiming, that our teachers will be at ($47,500) at a minimum and that we’re No. 5 in the country,’ the Leon County superintendent said. ‘That’s not true.’” [Tallahassee Democrat, 7/14/20]
- According To The Leon County School District Superintendent, The Bill Did Not Allocate Sufficient Funds Per District To Cover All Teachers And Neglected Other Staff, Including Counselors And Media Specialists. According to the Tallahassee Democrat, “The issue, Hanna said, is that the state is not allocating each district enough for all its teachers, not to mention that the bill neglects other school staff such as counselors and media specialists.” [Tallahassee Democrat, 7/14/20]
2021: Ron DeSantis Signed Into Law Legislation That Put State Law In Accordance With Education Funding From The FY 2022 Budget, Including Requiring School Districts To Remediate Student Learning Loss By Using Part Of Their Academic Acceleration Allocation, Specifying The Options Of Virtual Instruction That School Districts Must Offer To Part-Time And Full-Time Students, And Specified The Annual Percent Increases To Minimum Base Salaries. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 5101, which “revise[d] the calculation methodology for determining the amount of Florida Education Finance Program (FEFP) funds appropriated to the Florida Virtual School by adding the Mental Health Assistance Allocation to the calculation. The bill specifie[d] the number of virtual instruction options a school district must offer to its part-time and full-time students and revises the allowable expenditure of unexpended virtual instruction funds. For any virtual instruction contract or agreement that is entered into for the first time after June 30, 2021, the bill limit[ed] the enrollment of virtual full-time students residing outside of the school district providing the virtual instruction to no more than 50 percent of the total virtual full-time students residing inside the school district providing the virtual instruction. A school district may not enroll more virtual full-time equivalent students residing outside of the school district than the total number of reported full-time equivalent students residing inside the school district. The bill remove[d] the requirement that the 300 lowest performing elementary schools on the statewide reading assessment must use their portion of the Supplemental Academic Instruction Allocation of the FEFP on an extra hour of reading per day. In addition, the bill repeals the Decline in Full-Time Equivalent Students and the Virtual Education Contribution categoricals. The bill specifie[d] the annual percent increase to the minimum base salary of instructional personnel on the performance salary schedule shall be no less than 150 percent of the largest adjustment made to the salary of an employee on the grandfathered salary schedule. In addition, the bill specifie[d] that the annual percent increase to the salary adjustment of an employee on the performance salary schedule rated as highly effective must be at least 25 percent granter than the highest annual salary adjustment available to an employee of the same classification through any other salary schedule adopted by the district. The bill require[d] each school district to use a portion of its nonenrollment allocation from the federal Elementary & Secondary School Emergency Relief (ESSER) funds to locate and evaluate the well-being of any unaccounted-for students within the school district. The bill require[d] each school district to use a portion of its academic acceleration allocation from the federal ESSER funds to remediate student learning loss.” [Florida Senate, Accessed on 10/10/22; Florida Senate, H.B. 5101]
2021: Ron DeSantis Signed Into Law Legislation That Established The New World Reading Initiative Program To Grant Free Books To K-5th Grade Students Who Read Below Grade Level And Provided Tax Credits Under The Program. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 3, which “[pr]ovide[d] credits against specified taxes under New Worlds Reading Initiative Tax Credit; revise[d] order in which corporate income tax credit under the Initiative is applied; revise[d] definition of ‘adjusted federal income;’ revise[d] specified corporate income tax calculation; provide[d] Initiative, DOE, DOR, administrator, school district, & tax credit requirements; provide[d] for a specified cooperative agreements.” [Florida Senate, Accessed on 9/28/22; Florida Senate, H.B. 3]
¶ STATEWIDE LITERACY MONITORING SYSTEM AND INTERVENTIONS
2021: Ron DeSantis Signed Into Law Legislation That Provided Requirements To Identify Deficiencies In Student Literacy, Including By Implementing A Coordinated Screening And Progress Monitoring System For The Voluntary Pre-K Education Program Through Grade 8 And The Reading Achievement Initiative For Scholastic Excellence Program. In May 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 7011, which “[p]rovide[d] & revise[d] requirements relating to improvement of student literacy skills; require[d] DOE, in consultation with Office of Early Learning, to implement coordinated screening & progress monitoring system for VPK program through grade 8; establishe[d] Reading Achievement Initiative for Scholastic Excellence Program within DOE; revise[d] requirements relating to specified reading instruction allocation; revise[d] requirements for certain instructional personnel & professional development program.” [Florida Senate, Accessed on 10/10/22; Florida Senate, H.B. 7011]
- The Bill Created A Statewide Tool To Monitor The Academic Progress Of Students In Pre-K Through 8th Grade And Quickly Identify The Unique Interventions That Are Needed For Additional Support. According to a press release from Governor Ron DeSantis, “Additionally, he signed HB 7011 creating a statewide progress monitoring tool to quickly understand VPK-8th grade student’s academic progress in real-time and rapidly identify personalized interventions for students that need additional support, with the goal of having 90 percent of Florida’s third graders reading on grade level by 2030.” [Press Release - Governor Ron DeSantis, 5/4/21]
- The Reading Achievement Initiative For Scholastic Excellence Program Was Intended To Establish Regional Literacy Expert Teams For All Districts And Teachers. According to a press release from Governor Ron DeSantis, “Creating the Reading Achievement Initiative for Scholastic Excellence Program (RAISE), a coordinated system of statewide literacy support through regional literacy expert teams available to all districts and teachers.” [Press Release - Governor Ron DeSantis, 5/4/21]
- The Bill Included The Recruitment Of High School Juniors And Seniors To Participate As Tutors Using Summer Literacy Programs For Kindergarten Through Grade 3 In High-Need Schools. According to a press release from Governor Ron DeSantis, “Recruiting rising high school juniors and seniors to serve as tutors using evidence-based summer literacy programs for K-grade 3 students in high need schools to help readers gain reading skills.” [Press Release - Governor Ron DeSantis, 5/4/21]
- The Bill Required Teachers That Teach Students With Reading Deficiencies To Earn A Reading Endorsement. According to a press release from Governor Ron DeSantis, “Requiring all teachers in front of students with reading deficiencies earn a reading endorsement to their educator certification. This will provide teachers with the tools they need to transform a student’s educational outcomes.” [Press Release - Governor Ron DeSantis, 5/4/21]
- The Bill Required Schools To Engage With Parents Over Their Kid’s Struggles And The Effectiveness Of Interventions, And Required Schools To Inform Parents Over School Choice Options And The Accommodations Available For Students With Special Abilities And Needs. According to a press release from Governor Ron DeSantis, “Engaging parents of struggling readers on their student’s progress and the effectiveness of interventions, and sharing information on school choice options and all possible accommodations for students with special abilities and needs.” [Press Release - Governor Ron DeSantis, 5/4/21]
2021: Ron DeSantis Signed Into Law Legislation That Established The Task Force On Closing The Achievement Gap For Boys To Review Evidence-Based Strategies To Improve The Academic, Behavioral And Mental Health Of Boys. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 7033, which “establishe[d] the Task Force on Closing the Achievement Gap for Boys within the Department of Education (DOE) to examine evidence-based strategies for closing the achievement gap for boys and to make recommendations to the DOE, the Governor, and the Legislature. The recommendations must address: Professional development for instructional personnel and school administrators. The selection of curriculum, supplemental materials, and classroom activities in early learning programs and K-12 schools. Academic, behavioral, and mental health supports to help educate and raise young men who are better prepared for success in school and in life. The bill establishe[d] the Commissioner of Education or a designee as chair of the task force. Other members of the task force must be appointed by July 1, 2021, including stakeholder appointments by the Governor, the President of the Senate, and the Speaker of the House of Representatives. The bill require[d] the task force to convene by August 1, 2021, and upon the call of the chair thereafter. The task force must submit a report containing its recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 1, 2021. The bill require[d] the DOE to provide staffing, administrative support, data, and other relevant information to the task force to help it carry out its responsibilities. The task force expires on June 30, 2022.” [Florida Senate, Accessed on 10/11/22; Florida Senate, H.B. 7033]
- In Response To Statewide Reading Assessments That Showed Boys Had Lower Scores Than Girls, The Bill Aimed At Reducing The Achievement Gap For Floridian Boys. According to the Daytona Times, “A measure aimed at reducing an academic achievement gap for boys in Florida schools was one of at least six bills formally sent to Gov. Ron DeSantis on Tuesday. Supporters of the achievement-gap bill during this year’s legislative session focused on lagging reading scores for boys. The bill (HB 7033) cited data from statewide reading assessments in third through 10th grades during the 2018-2019 academic year, with boys having lower scores than their female counterparts.” [Daytona Times, 6/19/21]
2019: Ron DeSantis Signed Into Law Legislation That Reauthorized The Interstate Compact On Educational Opportunity For Military Children For Military Members To Address Educational Transitional Problems Stemming From Constantly Moving To Several States And School Districts In Accordance With Their Military Assignments. In April 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 212, which “reenact[ed] provisions of law establishing and implementing the Interstate Compact on Educational Opportunity for Military Children and provides for future legislative review and repeal of the Compact on July 1, 2022. Participation in the compact enables member states to address educational transition issues faced by military families as they transfer from various states and school districts in accordance with official military orders. States are required to enact the compact into law in order to join the compact, which the Legislature did during the 2008 Regular Session. As of January 2015, all 50 states and the District of Columbia are active members of the compact. Since its enactment in 2008, Florida’s compact legislation has included a provision requiring automatic repeal of the compact after a period of time, unless reauthorized by the Legislature. The Legislature last reauthorized the compact in 2016, and provided for its repeal on April 10, 2019.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 212]
2021: Ron DeSantis Signed Into Law Legislation That Established The “Parents’ Bill Of Rights,” Which Prohibited Governmental Entities From Infringing On The Fundamental Rights Of A Parent To Make Decisions Over Their Child’s Upbringing, Education, Health Care, And Mental Health. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 241, which “establishe[d] the ‘Parents’ Bill of Rights.’ The bill provide[d] that the state, its political subdivisions, any other governmental entity, or other institution may not infringe upon the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of a minor child. If those entities infringe upon a parent’s fundamental right, they must demonstrate that the action is reasonable and necessary to achieve a compelling state interest, and the action must be narrowly tailored and not otherwise served by less restrictive means. The bill enumerate[d] a list of rights that a parent possesses in order to direct the education of his or her child and be informed about the child’s educational programs. The bill also require[d] a school district to promote parental involvement in the public school system by providing access to the child’s studies and instructional materials while recognizing a parent’s right to withdraw the child from objectionable portions of the school’s curriculum.” [Florida Senate, Accessed on 9/29/22; Florida Senate, H.B. 241]
- The Bill Required Parental Permission Before A Medical Worker Could Provide Services, Prescribe Medications, Or Perform A Medical Procedure On A Minor Child, And Penalized Medical Providers That Violate Such Provisions With A Misdemeanor And Disciplinary Actions. According to the Florida Senate, “The bill further require[d] a parent’s permission before a health care practitioner may provide services, prescribe medicine to the child, or perform a medical procedure, unless otherwise provided by law. The bill provide[d] a misdemeanor penalty for a health care practitioner or similar person who violates the health care provisions and subjects these persons to disciplinary actions.” [Florida Senate, Accessed on 9/29/22]
- Critics Argued The Bill Could Put Some Students From The LGBTQ Community At Risk. According to the Florida Phoenix, “The Florida Legislature has signaled to parents of schoolchildren that they have a right to know how their children are educated. That’s been the case for decades, but a new, so-called ‘Parents’ Bill of Rights’ approved by both the House and Senate, has become controversial, including concerns that could put some LGBTQ students at risk.” [Florida Phoenix, 5/6/21]
- The Bill Provided That Parents And Legal Guardians Have The Right To Raise Their Children And That The Government Is Prohibited From Infringing On The Fundamental Rights Of A Parent To Make Decisions Regarding Their Kids’ Upbringing, Education, And Health And Mental Health. According to the Florida Phoenix, “The bill articulates that parents and legal guardians have the right to bring up a child how they please, and that the government ‘may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care and mental health’ of their child.” [Florida Phoenix, 5/6/21]
- The Bill Established The Parental Right To “Direct The Education” Of Their Children And The Right To Direct The “Moral Or Religious Training.” According to the Florida Phoenix, “Some of the rights outlined in the bill are: The right to ‘direct the education’ of their minor child and the right to ‘direct the upbringing and moral or religious training.’” [Florida Phoenix, 5/6/21]
- The Bill Established The Parental Right To “Inspect Instructional Materials,” Including Sexual Education Materials. According to the Florida Phoenix, “The bill also dictates that a parent should have a right to inspect instructional materials, including materials regarding sex education, to decide if the material is appropriate for their child.” [Florida Phoenix, 5/6/21]
- The Bill Established The Parental Right To Access And Review Their Children’s Student Records. According to the Florida Phoenix, “But one of the major concerns come from the bill’s language regarding a parent’s access to student records. The language says parents have the right to ‘access and review all school records relating to his or her minor child.’” [Florida Phoenix, 5/6/21]
- LGBTQ Advocates Were Concerned With Providing Granting Parents The Right To View Student Records, Fearing LGBTQ Students May Be Outed To Their Parents If The Student Were To Come Out To A Teacher Or Counselor. According to the Florida Phoenix, “This language has some advocates of the LGBTQ community concerned — such as Equality Florida and the Florida Coalition for Trans Liberation — that an LGBTQ student may be outed by school officials to their parents if the student confides in a teacher or school counselor about their sexuality or gender.” [Florida Phoenix, 5/6/21]
- The Bill Provided That Parents Have The Right To Opt Their Children Out Of Comprehensive Sexual Education Regarding AIDS Education Or Sexuality, Exempt Their Children From Immunizations, Enroll Their Children In Gifted Or Special Education Programs, Inspect School Materials, And Opt Out Of District-Level Data Collection. According to the Florida Phoenix, “Here are some of those rights and responsibilities: /The right to opt his or her minor child out of any portion of the school district’s comprehensive health education…that relates to sex education instruction in acquired immunodeficiency syndrome (AIDS) education or any instruction regarding sexuality. /The right of a parent to exempt his or her student from immunizations. /The right of a parent to enroll his or her student in gifted or special education programs. /The right of a parent to inspect school district instructional materials. /The right of a parent to opt out of any district-level data collection relating to his or her minor child not required by law.” [Florida Phoenix, 5/6/21]
¶ OPT-OUT OF REPRODUCTIVE HEALTH AND DISEASE EDUCATION
2021: Ron DeSantis Signed Into Law Legislation That Required School Districts To Notify Parents Over Their Right To Opt-Out Their Children From Reproductive Health And Disease Education And Provide Parents With Links For Them To Access And Review Instructional Materials, And Required School Boards To Review And Approve Instructional Materials Annually. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 545, which “amend[ed] ss. 1002.20 and 1003.42, F.S., to provide that each school district must notify parents of the right to make a written request to exempt his or her child from the teaching of reproductive health or any disease, including HIV/AIDS. This notification must be through publication on the district’s website homepage and include the process for a parent to exercise this right. The notification must also include a link for a student’s parent to access and review the instructional materials, as defined in s. 1006.29(2), F.S., used to teach the curriculum. The bill amend[ed] s. 1003.42, F.S., to provide that all instructional materials, as defined in s. 1006.29(2), F.S., used to teach reproductive health or any disease, including HIV/AIDS, its symptoms, development, and treatment, as a part of a required course must be annually approved by a district school board in an open, noticed public meeting. The bill amend[ed] s. 1006.40, F.S., to provide that each district school board is responsible for the content of instructional materials used to teach reproductive health or any disease, including HIV/AIDS, under ss. 1003.42(3) and 1003.46, F.S. Each district school board must adopt rules and each district school superintendent must implement procedures that provide a process for public review, public comment on, and the adoption of such materials.” [Florida Senate, Accessed on 10/3/22; Florida Senate, H.B. 545]
- The Bill Required Schools To Notify Parents About Their Right To Request To Exempt Their Children From Reproductive Health And Disease Education Through School Website Homepage And Provide Parents With Links To Review Instructional Materials. According to WFLA News Channel 8, “Florida Gov. Ron DeSantis signed a bill that allows parents to waive having their students learn about sex education, through written request. HB 545, now law, requires that parents be notified of the right to request an exemption for lessons involving reproductive health and disease through website homepage language and links to review instructional materials.” [WFLA News Channel 8, 6/30/21]
- The Bill Allowed Parents To Send Written Requests To Exempt Their Children From Obtaining Sex Education Or Education About Diseases Like HIV/AIDS. According to WFLA News Channel 8, “Going forward, parents will be able to send in written requests to exempt their children from learning about sex or diseases such as HIV or AIDS.” [WFLA News Channel 8, 6/30/21]
- Florida Law Already Allowed Parents To Opt Out Their Children From Sex Education And STD Education, But The Bill Fortified Parental Notification Requirements By Requiring That Schools Inform Parents Of The Materials And Curriculum On The District’s Webpage. According to Florida Politics, “Gov. Ron DeSantis’ has signed legislation that seeks to increase parental consent regarding sex education. The newly signed law alters current measures, which allows parents to opt their child out of sex education and STD lessons by providing a written request to the school. But now, with the legislation (HB 545), parental notification requirements will be strengthened by requiring that school districts inform parents of the curriculum and materials on the district’s website homepage.” [Florida Politics, 6/6/21]
- The Bill Required School Boards To Evaluate And Approve Sexual Education Materials Annually And Required School Districts To Notify Parents Of The Annual Board Meetings In Which The Sexual Education Curriculum Would Be Discussed And Approved. According to Florida Politics, “The bill also requires school boards to review and approve sex ed materials annually. School districts would also be required to notify parents of those annual meetings where the curriculum will be discussed and approved.” [Florida Politics, 6/6/21]
2021: Ron DeSantis Signed Into Law Legislation That Allowed Parents To Request For Their Elementary School Kids To Be Retained In A Grade Level For Academic Concerns For The 2021-2022 School Year And Gave Discretion To Principals To Choose Whether To Consider Requests Made Past The Deadline. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1159, which “[a]uthoriz[ed] a parent or guardian to request that his or her K-5 student be retained in a grade level for academic reasons for a specified school year; requiring that such a request be submitted in a specified manner; requir[ed] school principals to consider such requests if they are timely received; authoriz[ed] school principals to consider requests that are not timely received; requir[ed] a school principal who considers a request for retention to inform the student's teachers of the request and collaboratively discuss with the parent or guardian any basis for agreement or disagreement with the request; requir[ed] the Commissioner of Education to provide learning growth data calculated in accordance with a certain formula to each school district by a specified date each year; revis[ed] the minimum qualifications for part-time and full-time nondegreed teachers of career programs; revis[ed] the criteria for the Department of Education to issue a professional certificate; revis[ed] the goals of the program, etc.” [Florida Senate, Accessed on 10/5/22; Florida Senate, H.B. 1159]
- The Bill Gave Parents Of Elementary Students The Ability To Request For Their Children To Be Held Back A Grade Due To Academic Concerns Derived By The COVID-19 Pandemic For The 2021-2022 School Year, But The Requests Were Required To Be Submitted By June 30, 2021 And The Bill Did Not Go Into Effect Until July 1, 2021. According to the Florida Phoenix, “Parents of elementary-aged students may be able to hold their children back a grade due to academic concerns for the upcoming 2021-22 school year, as families continue to think about the COVID-19 pandemic and its impact. Gov. Ron DeSantis still must approve the measure and sign it into law. But one of the issues is the deadline: Principals are required to consider such a request as of June 30, 2021, just one day away. After that, it will be up to a principal’s discretion whether to meet with a parent and consider if a student should stay back a year or not. [...] To add to the confusion, the legislation, if approved by DeSantis, is slated to take effect on July 1 — a day after the deadline is set in the bill.” [Florida Phoenix, 6/29/21]
- The Bill Gave Principals The Ability To Consider Parental Request After The Deadline At Their Own Discretion. According to the Florida Phoenix, “That said, the legislation would give principals the opportunity to consider requests made after the June 30 deadline, but at their discretion. Meaning if a parent misses the June 30 deadline to request that their elementary-aged child stay back a grade, the principal may decide not to hear it.” [Florida Phoenix, 6/29/21]
2022: Ron DeSantis Signed Into Law The “Don’t Say Gay” Bill, Which Banned Classroom Instruction On Sexual Orientation Or Gender Identity In Kindergarten Through 3rd Grade Or Required LGBTQ Topics To Be Age Or Developmentally Appropriate, Established Parental Notification Requirements Of Any Health Services Offered To Students And Allowed Parents To Reject Services On Behalf Of Their Children, And Allowed Parents To Sue School Districts If Their Parental Rights Were Violated. In March 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1557, which “[r]equire[d] district school boards to adopt procedures that comport with certain provisions of law for notifying student's parent of specified information; require[d] such procedures to reinforce fundamental right of parents to make decisions regarding upbringing & control of their children; prohibit[ed] school district from adopting procedures or student support forms that prohibit school district personnel from notifying parent about specified information or that encourage student to withhold from parent such information; prohibit[ed] school district personnel from discouraging or prohibiting parental notification & involvement in critical decisions affecting student's mental, emotional, or physical well-being; prohibit[ed] classroom discussion about sexual orientation or gender identity in certain grade levels; require[d] school districts to notify parents of healthcare services; authorize[d] parent to bring action against school district to obtain declaratory judgment; provide[d] for additional award of injunctive relief, damages, & reasonable attorney fees & court costs to certain parents.” [Florida Senate, Accessed on 10/27/22; Florida Senate, H.B. 1557]
- The “Don’t Say Gay” Bill Banned Public School Teachers From Discussing Sexual Orientation Or Gender Identity From Kindergarten Through Third Grade Or In A Manner That Is Not Age-Appropriate According To State Guidelines. According to NPR, “Public school teachers in Florida are banned from holding classroom instruction about sexual orientation or gender identity after Florida’s Gov. Ron DeSantis, a Republican, signed the controversial ‘Parental Rights in Education’ bill. The bill, which some opponents have called ‘Don’t Say Gay,’ was signed by DeSantis on Monday. It reads, ‘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-appropriate or developmentally appropriate for students in accordance with state standards.’” [NPR, 3/28/22]
- Opponents Argued The Bill Would Harm LGBTQ Children. According to NPR, “The ‘Don’t Say Gay’ moniker comes from critics of the measure who blast this idea and insist this policy will hurt LGBTQ children.” [NPR, 3/28/22]
- The Trevor Project Argued The Bill Erased The Existence Of LGBTQ History, Culture, And Students. According to NPR, “The Trevor Project condemned the signing of the bill saying the bill erases ‘LGBTQ identity, history, and culture — as well as LGBTQ students themselves.’” [NPR, 3/28/22]
- The Bill Required Parents To Be Notified If Their Children Were Offered Health Or Support Services In School And Allowed Parents To Deny Such Services On Behalf Of Them. According to NPR, “The group also critiqued the policy’s parental notification requirements. The law requires parents to be the first to be notified of any health or support services offered to their kids in school and allows them the chance to deny those services on behalf of their children.” [NPR, 3/28/22]
- The Trevor Project Argued That The Bill’s “Vague Parental Notification Requirements” Could Effectively Force Teachers To “Out” LGBTQ Students Without Their Consent To Their Parents. According to NPR, “The Trevor Project says these provisions, ‘appear to undermine LGBTQ support in schools and include vague parental notification requirements, which could effectively require teachers to ‘out’ LGBTQ students to their legal guardians without their consent, regardless of whether they are supportive.’” [NPR, 3/28/22]
- The Walt Disney Company Condemned The “Don’t Say Gay Bill,” Saying They Hope The Law Were To Be Repealed Or Struck Down By The Courts. According to NPR, “Leading up to the bill’s signing, critics, which include The Walt Disney Company, lambasted Florida lawmakers for the legislation. On Monday, a spokesperson said in a statement that the company hopes the law is repealed or struck down in court. ‘Florida’s HB 1557, also known as the ‘Don’t Say Gay’ bill, should never have passed and should never have been signed into law,’ the statement read. ‘Our goal as a company is for this law to be repealed by the legislature or struck down in the courts, and we remain committed to supporting the national and state organizations working to achieve that.’” [NPR, 3/28/22]
- Aimed To Reinforce The Parental Right To Choose How To Raise And Control Their Own Children By Providing Parents The Final Say On How And When To Introduce LGBTQ Topics To Their Kids And Restricting LGBT Discussions In School Depending On Age. According to the Washington Post, “It bans instruction or classroom discussion about LGBTQ issues for kindergarten through third grade. For older students, discussion about gay and transgender issues has to be ‘age appropriate or developmentally appropriate.’ The law is effectively a statement that classroom education about sexual orientation and gender shouldn’t start at an early age, and that parents should have final say about what their children learn and when. It aims to ‘reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children,’ according to the text of the legislation.” [Washington Post, 4/22/22]
- Critics Argued The Bill Solved A Problem That Did Not Exist Since Sex Education Is Not Allowed Until The 5th Grade And Emphasized That Limiting LGBTQ Topics Could Harm Children Who Struggle With Their Own Gender Or Sexual Identity. According to the Washington Post, “For one, sex education has already been banned in Florida (as in many states) until the fifth grade. So critics say the law tries to solve a problem that doesn’t exist for the state’s youngest students. Because it limits even discussions about LGBTQ issues, it could stifle conversations for children who need to work through their own gender or sexual-identity questions, they say.” [Washington Post, 4/22/22]
- The Bill Was Unclear Whether A LGBTQ Teacher Could Be Seen As A Violation Of The Bill For Any Discussion Related To Their Personal Life. According to the Washington Post, “‘It begs the question of whether a teacher having a picture of a partner on their desk, or being asked to be referred to as Mr. or Mrs., if that counts as classroom instruction on gender identity,’ said Brandon Wolf, with the LGBTQ advocacy group Equality Florida.” [Washington Post, 4/22/22]
- Since It Empowered Parents To Sue The School Districts If They Felt Their Parental Rights Were Violated And Required Districts To Pay For The Lawsuits, School Districts Could Preemptively Bar Any LGBTQ-Related Discussion And Remove Any LGBTQ And Race-Related Books From Their Libraries. According to the Washington Post, “It empowers parents to sue the school district over teachings they don’t like. And the district will have to pay for it. What impact that could have on students: That could prompt schools to preemptively shut out teachings or conversations about LGBTQ issues. Some librarians across the country are accusing their schools of quietly removing race- and LGBTQ-related books from their shelves before it starts a fight, The Washington Post recently reported. ‘Cash-strapped school districts can’t afford to test the bounds of a law like this,’ Wolf said, citing reports that some schools in the state have started to peel off rainbow safe-space stickers from windows. ‘It’s the chilling effect that is a natural implication of this legislation.’” [Washington Post, 4/22/22]
- The Parental Notification Requirements Could Remove Schools As A Safe Haven For Students Who Are Not Comfortable Talking To Their Parents About Their Own Gender Orientation Or Sexuality. According to the Washington Post, “3. It requires schools to tell parents when their child receives mental health services. What impact that could have on students: It could take away a school’s ability to serve as a haven for students who might not feel comfortable talking to their parents about their gender orientation or sexuality. But proponents say it would ensure parents are informed if their child is experiencing confusion over their identity. One of the advocates for the bill is a Florida mother who says her child’s school recognized her child’s gender identity as different from the one they recognized at home.” [Washington Post, 4/22/22]
- LGBTQ Advocacy Organizations Sued Florida, Arguing The Don’t Say Gay Bill Violated Free Speech, The Equal Protection Clause, And Due Process Of Families And Children. According to the Washington Post, “Gay rights groups sued Florida over the law, arguing that it violates the constitutionally protected rights of free speech, equal protection and due process of students and families.” [Washington Post, 4/22/22]
2021: Ron DeSantis Signed Into Law Legislation That Required Public School Teachers To Reserve A Moment Of Silence Every School Day, Prohibited Teachers From Making Suggestions On The Nature Of The Reflection That Students May Engage In, And Required Teachers To Encourage Parents To Discuss The Moment Of Silence With Their Kids. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 529, which “require[d] a moment of silence to be set aside for students during each school day. The bill direct[ed] the principal of each public school to require teachers in first-period classrooms in all grades to set aside one to two minutes daily for a moment of silence, during which students may not interfere with other students’ participation. The bill provide[d] that a teacher: May not make suggestions as to the nature of any reflection that a student may engage in during the moment of silence. Must encourage parents to discuss the moment of silence with their children and to make suggestions as to the best use of this time.” [Florida Senate, Accessed on 10/3/22; Florida Senate, H.B. 529]
- The Bill Required Each Public School Teacher To Reserve One To Two Minutes For A Moment Of Silence During First-Period Classrooms And Prohibited Teachers From Making Suggestions On The Nature Of Any Reflection That The Student May Engage On. According to CNN, “All K-12 public schools in Florida will hold a moment of silence at the start of the day starting next school year, according to a bill signed into law Monday by Gov. Ron DeSantis. According to the law, which was HB 529 in the Florida legislature, principals of each public school shall require teachers in first-period classrooms in all grades to set aside at least one minute but not more than two minutes daily for the moment of silence. Teachers may not make suggestions as to the nature of any reflection that a student may engage in during the moment of silence, the law states. A period of ‘silent prayer or meditation’ was optional for school districts in the state prior to the new law.” [CNN, 6/15/21]
- Opponents Of The Bill Argued That The Bill Was Mandating Prayer In Schools. According to CNN, “Opponents of the legislation criticized the bill as requiring prayer in schools, including Democrat State Rep. Omari Hardy who voted against the bill.” [CNN, 6/15/21]
- Critics Argued That The Moment Of Silence “Took Away From Classroom Instruction” Or That It Was A Sly Way To Implement Prayer Back In Schools. According to the Florida Phoenix, “The seemingly simple law was actually a contentious topic during the 2021 legislative session, with critics saying it took away from classroom instruction or was a sneaky way to put prayer back into schools. In fact, some members of atheist organizations spoke out against the measure during the 2021 legislative session.” [Florida Phoenix, 9/8/21]
2019: Ron DeSantis Signed Into Law Legislation That Prohibited A School District From Restricting A Student’s Ability To Wear A Dress Military Uniform To Their Graduation Ceremony From Pre-K Through 12th Grade. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 292, which “allow[ed] a student who is graduating from a public pre-K-12 educational institution to wear a dress military uniform to the graduation ceremony. Specifically, the bill prohibit[ed] a district school board from preventing a student from lawfully wearing to his or her graduation ceremony a dress uniform of any of the Armed Forces of the state or of the United States.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 292]
¶ SCHOOL BOARD TERM LIMITS AND BOOK REVIEW PROCESS
2022: Ron DeSantis Signed Into Law Legislation That Established 12-Year Term Limits For School Board Limits, Required School Boards To Make Book-Review Committee Meetings Open, Required All Materials Under Review To Be Made Accessible Before Their Approval, And Required The Florida Department Of Education To Keep Track Of Objected Materials. In March 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1467, which “[e]stablish[ed] term limits for school board members; delet[ed] a requirement that district school boards maintain a specified list on their websites; requir[ed] certain meetings relating to instructional materials to be noticed and open to the public; revis[ed] district school board requirements for the selection and adoption of certain materials, etc.” [Florida Senate, Accessed on 10/26/22; Florida Senate, H.B. 1467]
- The Bill Imposed 12-Year Term Limits For All School Board Members, Which Did Not Have Term Limits Before The Bill’s Passage. According to Florida Phoenix, “The Florida Legislature is imposing 12-year term limits for school board members in 67 school districts, a new standard for locally elected board members who currently don’t have term limits. The term-limit legislation, HB 1467, is on its way to the governor’s desk.” [Florida Phoenix, 3/10/22]
- A Democratic Florida Representative Argued Against The Term Limits Because School Board Long-Term Goals Are Not Typically Accomplished Within Eight To 12 Years And Emphasized Constituents Had The Ability To Vote Out Ineffective School Board Members. According to Florida Phoenix, “Rep. Michele Rayner, a Democrat from the Tampa Bay area, was opposed to placing term limits on school board members, saying that some long-term goals of a school board ‘cannot happen in 8 to 12 years’ and that constituents can vote out ineffective members. ‘We have to understand that school board officials are elected offices, so if they’re not doing their jobs we have a mechanism to get them out,’ Rayner said.” [Florida Phoenix, 3/10/22]
- The Bill Expanded Parental Access In The Evaluation Of Books At School Libraries. According to Florida Phoenix, “The 12-year term limits were approved by the House 79-49, with term limits and another provision in the bill expanding parental access to evaluating books at school libraries.” [Florida Phoenix, 3/10/22]
- Legal Experts Warned That The Florida Legislature Or Governor May Not Have The Authority To Limit The Service Length Of School Board Members. According to the Tampa Bay Times, “Regarding the term limits, legal experts have suggested the Legislature and governor might not have the authority to restrict length of service for school board members, whose posts are established in the state Constitution.” [Tampa Bay Times, 3/25/22]
- Florida Legislators Used A 2012 State Supreme Court Decision To Draft The 12-Year Term Limits For School Board Members, Which Established Term Limits For County Commissioners. According to the Tampa Bay Times, “Lawmakers relied on a 2012 state Supreme Court decision regarding the Broward County charter government establishing term limits for county commissioners to guide their action. Several lawyers said that precedent might justify the action, or it might not.” [Tampa Bay Times, 3/25/22]
- The Bill Required Schools To Make Committee Meetings Open To The Public If They Were To Review Books. According to the Tampa Bay Times, “Regarding the book selection process, the new law requires schools to open to the public any committee meeting where books will be reviewed for purchase, and to make all material available for public review before it is approved.” [Tampa Bay Times, 3/25/22]
- The Bill Required Schools To Post All Selection Criteria They Use When Choosing Books To Purchase. According to the Tampa Bay Times, “It also mandates that schools post all the selection criteria they use in choosing books.” [Tampa Bay Times, 3/25/22]
- The Bill Directed The Florida Department Of Education To Develop An Annual List Of Books That Were Objected To, Including Whether The Book Was Purchased And Why. According to the Tampa Bay Times, “It does not change the book challenge process that already was in place, though it does instruct the state Department of Education to prepare a list annually of books that were objected to, including the outcomes and reasons behind the decisions.” [Tampa Bay Times, 3/25/22]
2020: Ron DeSantis Signed Into Law “Alyssa’s Law,” Which Required All Public And Charter Schools To Implement A Mobile Panic Alert System. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 70, which “create[d] ‘Alyssa’s Law’ and modifie[d] school safety statute to require each public school, including charter schools, beginning with the 2021-2022 school year, to implement a mobile panic alert system, known as ‘Alyssa’s Alert.’ The system must be capable of connecting diverse emergency services technologies to ensure real-time coordination between multiple first responder agencies. A public school district may implement additional strategies or systems to any implemented mobile panic alert system to ensure real-time coordination between multiple first responder agencies in a school security emergency. For the 2020-2021 fiscal year and subject to legislative appropriation, the Department of Education, in consultation with the Marjory Stoneman Douglas High School Public Safety Commission, the Florida Department of Law Enforcement, and the Division of Emergency Management is required to develop a competitive solicitation to contract for a mobile panic alert system that may be used by each school district.” [Florida Senate, Accessed on 9/12/22; Florida Senate, S.B. 70]
- 2020: Alyssa’s Law Required The Department Of Education To Use $8 Million In Funding To Implement A Panic Alert System To Guarantee Real-Time Coordination Between Schools And First Responders. According to a press release from Governor Ron DeSantis, “In 2020, the Governor signed Senate Bill (SB) 70, Alyssa’s Law, which required DOE to utilize funding and work with public schools to implement a panic alert system to ensure real-time coordination between first responders. For the 2020-2021 Fiscal Year, the Governor signed $342 million for school safety and mental health funding, including: […] $8 million for Alyssa’s Law, to implement a panic alert system between schools and emergency services.” [Press Release - Governor Ron DeSantis, 6/7/22]
2021: Ron DeSantis Signed Into Law The Child Safety Alarm Act, Which Required All Vehicles Used By Child Care Facilities To Transport Children To Be Equipped With An Alarm System That Inspects The Presence Of Children Before Leaving The Area. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 252, which “create[d] the ‘Child Safety Alarm Act’ and require[d] that after January 1, 2022, all vehicles used by child care facilities to transport children must be equipped with an approved alarm system that prompts the driver to inspect the vehicle for the presence of children before leaving the area. This change is in response to reported deaths of small children who are left in vehicles during periods of hot weather. The bill require[d] the Department of Children and Families (DCF) to adopt minimum safety standards for reliable alarm systems and maintain a list of alarm manufacturers and alarm systems that are approved to be installed in vehicles. The bill also provide[d] rulemaking authority.” [Florida Senate, Accessed on 9/29/22; Florida Senate, S.B. 252]
- Aimed To Prevent Hot-Car Deaths, The Bill Required Transportation Vehicles Of Daycare Facilities To Install Safety Alarm Systems. According to Spectrum News 13, “The ‘Child Safety Alarm’ bill will require Florida daycare facilities providing transportation for children to equip their vehicles with a safety alarm system to help prevent hot-car deaths. Lawmakers said this bill couldn’t come at a more important time, especially since Monday marked the beginning of summer.” [Spectrum News 13, 6/22/21]
- 2017: A 4-Year Old Was Found Dead After He Was Left In The Back Of A Van At Little Miracles Academy In Orange County. According to Spectrum News 13, “In fact, an incident during the summer of 2017 that left 4-year-old Myles Hill dead was one of the driving forces behind this bill. In August of 2017, family members mourned Hill’s death after he was found dead in the back of a van at Little Miracles Academy in Orange County. This case was one of the prominent examples of why State Sen. Linda Stewart, D-Orlando, said she fought for almost 5 years to make the bill into a law.” [Spectrum News 13, 6/22/21]
2021: Ron DeSantis Signed Into Law Legislation That Required Mental Health Training For School Safety Officers, Revised Parental Notification Requirements Before A Minor May Undergo An Involuntary Examination, And Required Data Collection Over The Number Of Involuntary Examinations Of Minors Initiated By Schools. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 590, which “[r]evis[ed] parent, guardian, or caregiver notification requirements that must be met before an involuntary examination of a minor; requir[ed] a principal or his or her designee who successfully notifies any known emergency contact to share only the information necessary to alert such contact that the parent or caregiver must be contacted; requir[ed] codes of student conduct to include provisions relating to civil citation or similar prearrest diversion programs for specified purposes; revis[ed] training requirements for school safety officers, etc.” [Florida Senate, Accessed on 10/3/22; Florida Senate, S.B. 590]
- The Bill Required School Administrators To Collect Data On Involuntary Examinations Of Students And Report The Data To The Department Of Education, Mandated School Safety Officers To Undergo Mental Health Training, And Instructed Schools To Provide Timely Notification Of Threats, Illegal Actions And Emergencies. According to Press Release - Governor Ron DeSantis, “In 2021, the Governor signed SB 590, which required school administrators to gather data on involuntary examinations of students and report data to the Department of Education (DOE); required school safety officers to receive mental health training; and required schools to give timely notification of threats, unlawful acts, and significant emergencies.” [Press Release - Governor Ron DeSantis, 6/7/22]
¶ COMPLIANCE ENFORCEMENT AUTHORITIES AND COMMISSION EXTENSION
2022: Ron DeSantis Signed Into Law Legislation That Extended The Marjory Stoneman Douglas High School Public Safety Commission Through 2026, Enhanced School Safety Compliance Enforcement Authorities To The Education Commissioner, Required Mental Health Crisis Intervention Training For Safe School Officers, And Required School Districts To Adopt Family Reunification Plans In The Event Of Evacuations. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1421, which “[r]evise[d] provisions relating to Marjory Stoneman Douglas High School Public Safety Commission, FortifyFL, Commissioner of Education oversight of enforcement of school safety and security requirements, Office of Safe Schools, certain emergency drills, family reunification plans, threat assessment teams, safe-school officers, DOE responsibilities, & Florida Safe Schools Assessment Tool.” [Florida Senate, Accessed on 10/26/22; Florida Senate, H.B. 1421]
- The Bill Implemented Additional Recommendations Of The Marjory Stoneman Douglas High School Public Safety Commission To Enhance School Safety And Improve The Mental Health Of Floridian Youth. According to a press release from Governor Ron DeSantis, “Today, Governor Ron DeSantis signed HB 1421, which takes several measures to improve school safety in Florida. The steps taken by HB 1421 build on legislation over the last three years to implement the additional recommendations of the Marjory Stoneman Douglas High School Public Safety Commission to make schools safer and improve youth mental health in Florida.” [Press Release - Governor Ron DeSantis, 6/7/22]
- The FY 2022-203 Budget Included $140 Million For Mental Health And $210 Million For School Safety. According to a press release from Governor Ron DeSantis, “In the Freedom First Budget, Governor DeSantis also approved a record $140 million for mental health and $210 million for school safety, including school hardening grants and youth mental health awareness and assistance training.” [Press Release - Governor Ron DeSantis, 6/7/22]
- The Bill Authorized The Education Commissioner To Enforce The Compliance Of School Safety And Security Measures. According to a press release from Governor Ron DeSantis, “Authorizes the Commissioner of Education to enforce, rather than just oversee, school safety and security compliance;” [Press Release - Governor Ron DeSantis, 6/7/22]
- The Bill Allowed Safe School Officers To Conduct Arrests On The Property Of Charter Schools And Mandated All Safe School Officers To Undergo Crisis Intervention And Training To Improve Response And De-Escalation Of School Incidents. According to a press release from Governor Ron DeSantis, “Authorizes safe school officers to make arrests on charter school property; Requires all safe school officers to complete crisis intervention and training to improve knowledge and skills for response and de-escalate incidents on school premises;” [Press Release - Governor Ron DeSantis, 6/7/22]
- The Bill Required Police Officers To Be Present And Participate In Active Assailant Emergency Drills. According to a press release from Governor Ron DeSantis, “Requires law enforcement officers to be present and involved in active assailant emergency drills;” [Press Release - Governor Ron DeSantis, 6/7/22]
- The Bill Required School Boards To Endorse Family Reunification Plans In The Case Of An Evacuation And Mandated School District To Certify Annually That At Least 80% Of School Personnel That Undergone Youth Mental Health Awareness Training. According to a press release from Governor Ron DeSantis, “Requires school boards to adopt family reunification plans in the event of an evacuation; and Requires that school districts must annually certify that at least 80 percent of school personnel have received mandatory youth mental health awareness training.” [Press Release - Governor Ron DeSantis, 6/7/22]
- With None Of Florida’s School Districts Fully Complying With School Safety Requirements Enacted In 2018, The Bill Aimed To Address The Problems Schools Had With Compliance Of Previous School Safety Requirements. According to Florida Politics, “The bill’s provisions are aimed at rectifying the difficulties that schools have had in complying with the previous act’s requirements. Some of the committee stops for the House bill included testimony that none of the state’s 67 school districts are in complete compliance with the state’s school safety rules passed in 2018.” [Florida Politics, 3/3/22]
- The Bill Required Safe School Officers To Undergo Mental Health Crisis Intervention Training. According to Florida Politics, “Other provisions of the bill include: — Having safe-school officers receive mental health crisis intervention training.” [Florida Politics, 3/3/22]
- The Bill Extended The Marjory Stoneman Douglas High School Public Safety Commission Until 2026. According to Florida Politics, “Extending the Marjory Stoneman Douglas High School Public Safety Commission’s term so it will continue overseeing the implementation of safety measures until 2026, moving it beyond the scheduled sunset date in 2023.” [Florida Politics, 3/3/22]
- The Bill Required All School Data And Environmental Data To Be Reported In A Uniform Format. According to Florida Politics, “Reporting school safety and environmental data in a uniform, easy-to-read format.” [Florida Politics, 3/3/22]
- The Bill Directed The Florida Board Of Education To Set The Time And Frequency Of Emergency Drills In Schools. According to Florida Politics, “Having the state Board of Education set the timing and frequency of emergency drills.” [Florida Politics, 3/3/22]
- The Bill Required School Plans To Use Social Media And Other Information Systems To Enhance Renunciation Of Students With Parents In The Event Of An Evaluation Or Emergency. According to Florida Politics, “Mandating schools’ plans to leverage the use of social media and other information systems, such as the attendance record of that day, to speed reunification of students with their parents if the school building is unexpectedly evacuated or closed because of an emergency.” [Florida Politics, 3/3/22]
2019: Ron DeSantis Signed Into Law Legislation That Established The Family Empowerment Scholarship Program, A School Voucher Program For Up To 18,000 Low-Income Students To Attend Private Schools. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7070, which “establishe[d] and modifies K-12 education programs to support students and families, public schools, and teachers. The bill expand[ed] educational choice and opportunity for low-income families, support[ed] public schools by expanding student support services and reducing regulations, and benefit[ted] teachers by removing teacher certification barriers and providing incentive awards. […] The bill establishe[d] the Family Empowerment Scholarship Program (FES) for up to 18,000 students on a first-come, first-served basis, beginning in the 2019-2020 school year, to expand educational opportunities for children of families with limited financial resources.” [Florida Senate, Accessed on 8/29/22; Florida Senate, S.B. 7070]
- The Bill Used Public School Funding To Allow Low-Income Families To Send Their Kids To Private Schools. According to the Tampa Bay Times, “Senate Bill 7070 achieves a goal that has been sought by Republicans since Jeb Bush was governor: funding a voucher for low-income families to send their children to private schools by using the state pot of per-student funding for public schools.” [Tampa Bay Times, 4/30/19]
- 2006: The Florida Supreme Court Ruled That Former Governor Jeb Bush’s Similar School Voucher Program Was Unconstitutional. According to the Tampa Bay Times, “When Bush helped pass a similar program during his tenure from 1999 to 2007, it was ruled unconstitutional by the Florida Supreme Court — raising serious questions about how this proposal will fare in the judicial branch. In January, DeSantis appointed three new conservative justices who may rule differently on the bill. Still, it’s unclear how far the new court will stray from that 2006 decision, called Bush v. Holmes.” [Tampa Bay Times, 4/30/19]
- The Bill Established 18,000 New School Vouchers, Named “Family Empowerment Scholarships,” Worth $130 Million For Families Earning 300% Of The Federal Poverty Level, Or About $77,000 For A Family Of Four. According to the Tampa Bay Times, “The bill creates a maximum of 18,000 new vouchers, called ‘Family Empowerment Scholarships,’ for a cost of about $130 million. They would be available to families making 300 percent of the federal poverty level (about $77,000 for a family of four) or less. Families with the lowest incomes would be prioritized.” [Tampa Bay Times, 4/30/19]
- The Bill Created A Three-Tiered Bonus System For Teachers, Specifically For New Teachers Who Specialize In Certain Subjects That Are Needed In Several Districts, Teachers Rated As “Effective” Or “Highly Effective” And Have Improved Their School Outcomes, And Teachers Or Staff Who Have Exceptional Evaluation Marks. According to the Tampa Bay Times, “The teacher bonus section of the bill marked a bittersweet victory for teachers’ unions, whose members have vocally opposed the way the bonus program, called ‘Best and Brightest,’ considered their past SAT and ACT scores as part of the criteria for extra compensation. Tuesday’s bill removed that requirement, and instead creates a three-tiered bonus system. The three tiers are for new teachers who are experts in certain subjects that are needed in many districts; those rated ‘effective’ or ‘highly effective’ whose school has improved a certain amount over the prior three years; and teachers or other staff selected by the principal who must also have high evaluation marks.” [Tampa Bay Times, 4/30/19]
- Teachers Said They Preferred Across-The-Board Salary Increases Instead Of Bonuses Based On Their Individual Performance And The School’s Performance, Which They Were Assigned To. According to the Tampa Bay Times, “However, teachers say they prefer across-the-board salary raises, rather than bonuses that hinge on not just their individual performance, but that of the schools where they are assigned.” [Tampa Bay Times, 4/30/19]
- The Bill Modified The Definition Of “Persistently Low-Performing” To Include More Schools With Low Grades And Authorized Charter Schools To Open In Low-Income Areas As Determined By The Federal Government. According to the Tampa Bay Times, “The bill also expands the state’s program which allows certain charter schools to open near district public schools deemed as ‘persistently low-performing.’ The bill changes the definition of ‘persistently low-performing’ to include more schools with low school grades, plus allows these charter schools to open in low-income areas as determined by the federal government.” [Tampa Bay Times, 4/30/19]
- The Bill Eased The General Knowledge Exam Requirement For New Teachers And Gave Them Additional Time To Pass The Exam And Limited The Fees For Retakes. According to the Tampa Bay Times, “The bill also eases the requirement that new teachers pass a general knowledge exam, giving them more time to pass that test and limiting the fees charged for retaking it.” [Tampa Bay Times, 4/30/19]
2020: Ron DeSantis Signed Into Law Legislation That Expanded And Increased The Family Empowerment Scholarship Program Opportunities And Required Priority To Low-Income Families With The Opportunity To Expand Eligibility To Middle-Income Families. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 7067, which “[r]evis[ed] initial scholarship eligibility criteria for the Family Empowerment Scholarship Program; requir[ed] that priority be given to students whose household income levels do not exceed a specified amount or who are in foster care or out-of-home; requir[ed] a scholarship-funding organization to refer students who did not receive a scholarship because of lack of funds to another scholarship-funding organization, etc.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 7067]
- The Bill Ensured The Scholarship Programs Maintained Priority For Low-Income Families And Guaranteed Continuity Of The Scholarships To Ensure The Students Can Remain In The Same School. According to a press release from Governor Ron DeSantis, “Highlights of House Bill 7067 K-12 Scholarship Programs include: Maintained priority for low-income students. Secures continuity of education for students with scholarships so they will be able to stay in the same school.” [Press Release - Governor Ron DeSantis, 6/25/20]
- The Bill Created A New Category Of Eligibility For The Florida Empowerment Scholarship, Which Would Include A Student Who Previously Received A Florida Tax Credit Scholarship But Did Not Receive A Renewal Due To A Lack Of Funding. According to a press release from Governor Ron DeSantis, “New category of eligibility for the Florida Empowerment Scholarship (FES): A student who received a Florida Tax Credit (FTC) scholarship in the previous school year but did not receive a renewal scholarship because of a lack of funds.” [Press Release - Governor Ron DeSantis, 6/25/20]
- Starting In The 2020-2021 School Year, The Bill Annually Increased The Maximum Number Of Students That Could Participate In The Freedom Empowerment Scholarship Program By 1% Of The Total Public School Enrollment, Which Would Add 29,000 Eligible Students. According to a press release from Governor Ron DeSantis, “Beginning in the 2020-2021 school year, the maximum number of students participating in the FES program will annually increase by 1.0% of the state’s total public school enrollment, an increase from 0.25% and equating to nearly 29,000 additional students.” [Press Release - Governor Ron DeSantis, 6/25/20]
- The Bill Clarified That Students Who Initially Qualified For The Scholarship Based On Their Family’s Income Can Continue To Receive The Scholarship Even If Their Household Income Were To Increase. According to a press release from Governor Ron DeSantis, “Students who initially qualified for an FTC scholarship due to their household income may continue to receive scholarship funds even if their household income level increases.” [Press Release - Governor Ron DeSantis, 6/25/20]
- The Bill Substantially Increased The Number Of Private School Vouchers And Expanded Eligibility For More Middle-Income Families For The Family Empowerment Scholarship Program. According to the Tampa Bay Times, “The Florida House passed a bill Monday that would dramatically increase the number of private school vouchers and grow eligibility to more middle-income families for the program created last year.” [Tampa Bay Times, 3/9/20]
- Opponents Of The Bill Argued That The Increase In Vouchers Were Unnecessary Considering That Enrollment Under The Scholarship Was Under 18,000 Cap In 2019-2020. According to the Tampa Bay Times, “Opponents to the bill questioned the need for that increase considering that the number of students enrolling in the program this year came to just under the current 18,000 cap this year.” [Tampa Bay Times, 3/9/20]
- While The Bill Ensured That Low-Income Families Would Be Given Priority For The Family Empowerment Scholarship, If There Was Remaining Funding, Families Earning Up To $83.6K Would Also Become Eligible. According to the Tampa Bay Times, “The bill was amended Friday so that it also would adjust the income bracket that would qualify for the program. According to the current federal poverty line, priority would still be given first to students whose families make $47,638 or less (for a family of four), then families who make $77,250 or less. But after most of the vouchers have been distributed, if there is still money left over, families making up to $83,688 would also be eligible.” [Tampa Bay Times, 3/9/20]
2021: Ron DeSantis Signed Into Law Legislation That Expanded Eligibility For The Family Empowerment Scholarship Program To Include Students With Disabilities, Increased The Maximum Income For Scholarship Eligibility, Consolidated Student Scholarship Programs, And Provided Priority For Low-Income, Military, Foster And Adoptive Families. In May 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 7045, which “[r]evise[d] student eligibility requirements under Family Empowerment Scholarship program to include students with disabilities; revise[d] provisions related to calculation of maximum amount of scholarship funds granted to a student with disabilities; revise[d] provisions related to funding and payment of scholarships awarded under program; provid[ed] requirements for use of funds under program; revis[ed] program administration obligations; repeal[ed] Gardiner Scholarship Program; provide[d] for future repeal of John M. McKay Scholarships for Students with Disabilities Program; provid[ed] certain students with disabilities are eligible for enrollment in transition-to-work programs; revis[ed] amount of eligible contributions used for administrative expenses by an eligible nonprofit scholarship-funding organization under Florida Tax Credit Scholarship Program.” [Florida Senate, Accessed on 10/11/22; Florida Senate, H.B. 7045]
- The Bill Expanded Eligibility For School Choice To Low-Income Students And Prioritized Students From Military, Foster, Or Adoptive Families. According to a press release from Governor Ron DeSantis, “Today, Governor Ron DeSantis signed House Bill 7045 that will provide more education opportunities for children from low-income families and students with unique abilities. The bill expands eligibility for low-income students, and prioritizes military, foster, and adopted students.” [Press Release - Governor Ron DeSantis, 5/11/21]
- The Bill Increased The Individual Scholarships To 100% Of The State Funding Allocated To The Child’s Education And Expanded Access To The Programs To More Families. According to a press release Governor Ron DeSantis, “Prioritizes each student and family’s success. Florida has increased individual scholarship amounts to 100% of the state funding allocated to the child’s education and expands access of Florida’s scholarship programs to more families.” [Press Release - Governor Ron DeSantis, 5/11/21]
- The Bill Removed The Requirement For Students To Have Previously Attended Public School Before Applying For A School Voucher Scholarship And Eliminated All Current Scholarship Program Waitlists For Eligible Students. According to a press release from Governor Ron DeSantis, “Eliminates barriers to educational access by eliminating: The requirement, as a condition of eligibility, for a student to be in public school prior to applying for a scholarship. All current waitlists for eligible students to participate in and benefit from a scholarship program and has set strategic goals for scholarship to serve more families every year.” [Press Release - Governor Ron DeSantis, 5/11/21]
- The Bill Exempted Dependents Of U.S. Armed Forces Members From Any Waitlists Or Maximum Scholarship Program Enrollment. According to a press release from Governor Ron DeSantis, “Empowers military families to maximize their school choice options by exempting the dependents of a member of the United States Armed Forces from any limitations of waitlists or maximum scholarship program enrollment.” [Press Release - Governor Ron DeSantis, 5/11/21]
- The Bill Expanded The Use Of Scholarship Funds To Cover All Of The Educational Expenses, Including Tuition, Fees, And Transportation, And For Students With Disabilities, The Funds Would Cover Instructional Materials, Digital Devices, Technologies, And More. According to a press release from Governor Ron DeSantis, “Expands use of scholarship funds to cover the full spectrum of a student’s educational expenses, such as tuition and fees, and transportation to another public school. For students with disabilities, scholarship funds cover: instructional materials, digital devices, assistive technologies, and related digital programs, assessments, and special tutors, transition services by job coaches, summer and after-school programs, and many other therapeutic and educational supports.” [Press Release - Governor Ron DeSantis, 5/11/21]
- The Bill Expanded The Ability To Send Students To Private Schools With Taxpayer Funding By Raising The Maximum On The Household Income Eligibility Of Participating. According to the Florida Phoenix, “More Florida families will have the opportunity to send their children to private schools on public dollars now that Gov. Ron DeSantis has approved legislation raising cap on the household income eligibility to participate in school choice scholarship programs.” [Florida Phoenix, 5/11/21]
- The Bill Condensed The Number Of Scholarship Programs And Increased The Wealth Cap So Higher-Income Families Could Become Eligible To Receive Taxpayer-Funded Vouchers. According to the Florida Phoenix, “The legislation condenses the number of scholarship programs Florida offers while also raising the wealth cap for more families at a higher income to receive these taxpayer-funded scholarships.” [Florida Phoenix, 5/11/21]
- While Low-Income Families Would Remain The Priority, The Bill Made Families Making About $99K Per Year Eligible For Vouchers. According to the Florida Phoenix, “Lower income families will be prioritized. Families who make under 185 percent of the Federal Poverty Level (about $49,025 for a family of four) are first in line. But families at or under 375 percent (about $99,375 for a family of four) of the federal poverty level would also be eligible.” [Florida Phoenix, 5/11/21]
- The Bill Provided That Few Families Participate In The Scholarship Programs, Eligibility Could Expand To 400% Above The Poverty Line, Allowing Families Who Earn About $106K To Qualify. According to the Florida Phoenix, “Even higher-earning families could qualify if too few families participate. Should 5 percent of available scholarships go begging in any fiscal year, eligibility would expand to 400 percent of the poverty level. For a family of four, that would mean income of about $106,000.” [Florida Phoenix, 5/11/21]
- The Florida Senate Democratic Caucus Argued The Bill Was Taking Tax Dollars And Diverting Them Away From Public Schools. According to the Florida Phoenix, “The Florida Senate Democratic Caucus opposed the legislation. ‘By signing this bill into law, Gov. DeSantis is taking Floridians’ hard-earned tax dollars and diverting them out of public schools,’ members said in a written statement.” [Florida Phoenix, 5/11/21]
2022: Ron DeSantis Signed Into Law Budget Education Legislation That Included Raising The Cap For Students Eligible For The Family Empowerment Scholarship For Students With Unique Abilities And Gave Recipients Access To Funds Before Verifying If The Student Previously Attended Public School. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2524, which “[r]evis[ed] the goals of the Florida Center for Nursing; revis[ed] the requirements for school district and charter school capacity determinations; revis[ed] Department of Education duties under the Family Empowerment Scholarship Program; establish[ed] the distribution methodology that early learning coalitions must use to distribute school readiness program funds to eligible providers; creat[ed] the Driving Choice Grant Program within the department for specified purposes relating to the transportation of certain students; establish[ed] the Linking Industry to Nursing Education (LINE) Fund for specified purposes, etc.” [Florida Senate, Accessed on 10/28/22; Florida Senate, S.B. 2524]
- The Bill Provided Relief To Students Who Were Unable To Receive Funding From The Family Empowerment Scholarship For Students With Unique Abilities By Increasing The Cap From 20,000 To 26,500 During The 2022-23 School Year. According to ReimaginEd, “Students who were unable to receive funding this year from the Family Empowerment Scholarship for Students with Unique Abilities will get some relief this year. On the day he signed the state’s $109.9 billion budget, Gov. Ron DeSantis approved Senate Bill 2524, which raises the cap from 20,000 to 26,500 during the 2022-23 school year for the popular education savings account program that serves students with unique abilities.” [ReimaginEd, 6/3/22]
- The Bill Made It Easier For School Choice Scholarship Recipients To Get Their Funds Sooner By Checking Whether Students Were Enrolled In Public School After Providing The Funding. According to ReimaginEd, “The legislation also makes it easier for participants in all the state education choice scholarship programs to get their scholarship funds sooner by streamlining the process of cross-checking whether students were enrolled in public schools. Under the new process, cross-checking will be done after the money is distributed, with adjustments made later if necessary.” [ReimaginEd, 6/3/22]
- The Bill Prohibited Private And Home-Schooled Students Who Participate In Dual Enrollment From Being Charged Fees For Instructional Materials And Established A New Reimbursement Process For Colleges. According to ReimaginEd, “In addition, the legislation makes it easier for private and home school students participating in dual enrollment programs by prohibiting them from being charged for instructional materials. The legislation also sets up a new reimbursement structure for colleges so that they receive payment no later than 30 days after the end of the term.” [ReimaginEd, 6/3/22]
- The Bill Expanded The New Worlds Reading Scholarship Program To Kindergarten Through Fifth Grade, Instead Of Starting In Third Grade, To Help Struggling Readers. According to ReimaginEd, “Struggling readers also will get more help as the legislation expands the former Reading Scholarship program. Renamed the New Worlds Reading Scholarship program, it will now include students enrolled in kindergarten through fifth grade, rather than students in grades three through five who are identified as needing reading help.” [ReimaginEd, 6/3/22]
¶ Standardized Testing
¶ COORDINATED SCREENING AND PROGRESS MONITORING PROGRAM
2022: Ron DeSantis Signed Into Law Legislation That Replaced The Florida Standards Assessment With A Coordinated Screening And Progress Monitoring Program, Which Included Three Assessments Throughout The School Year To Monitor Students’ Progress. In March 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1048, which “[r]enam[ed] ‘Next Generation Sunshine State Standards’ as ‘state academic standards’; delet[ed] provisions relating to the coordinated screening and progress monitoring program; provid[ed] that certain end-of-year comprehensive progress monitoring assessments are the statewide, standardized ELA and Mathematics assessments for certain students; requir[ed] the coordinated screening and progress monitoring system to identify the educational strengths and needs of students; requir[ed] 2022-2023 school and school district grades to serve as an informal baseline for schools and school districts; provid[ed] that school improvement ratings will not be calculated for the 2022-2023 school year, etc.” [Florida Senate, Accessed on 10/25/22; Florida Senate, S.B. 1048]
- The Bill Made Florida The First In The U.S. To Transition Completely To Progress-Monitoring, Which Replaced Standardized Testing For English And Math With Three Short Check-Ins. According to a press release from Governor Ron DeSantis, “Today, Governor Ron DeSantis was joined by Speaker Chris Sprowls, Education Commissioner Richard Corcoran and legislative leaders to sign Senate Bill 1048, which officially replaces the Florida Standards Assessment with progress monitoring to measure students’ growth. The legislation, sponsored by Senator Manny Diaz, Jr. and Representative Rene Plasencia, makes Florida the first state in the nation to transition fully to progress-monitoring for school accountability. Beginning in the 2022-2023 school year, Florida students will have three short check-ins instead of multi-day, end-of-year, high-stakes tests for English Language Arts and Mathematics. Progress monitoring will benefit students, teachers and parents by allowing for informed instruction in a timely manner, helping instruction to be tailored to each student’s individual needs.” [Press Release - Governor Ron DeSantis, 3/15/22]
- Beginning The 2022-2023 School Year, Progress-Monitoring Would Be Used To Monitor School Accountability And Student Growth While Providing Information To Students, Parents And Teacher In A More Time-Efficient Manner. According to Press Release - Governor Ron DeSantis, “In accordance with Senate Bill 1048, this school year will be the last year for the FSA. Next year, Florida will become the first state in the nation to fully transition to progress monitoring-based school accountability. The 2022-2023 school year will serve as the new baseline for school accountability, and school grades will resume the following year. This change maintains the proven, successful components of Florida’s school accountability that has seen Florida’s students grow over the last two decades, with a focus on students’ readiness and growth, especially in closing achievement gaps, but provides that information to students, parents and teachers in a more timely and actionable manner.” [Press Release - Governor Ron DeSantis, 3/15/22]
- The Florida Education Association Argued The Bill Failed Students By Increasing Testing, Not Focusing On Student Learning, Not Providing Teacher Proper Time To Monitor Students’ Success, And Adding More Work For Teachers. According to the Florida Phoenix, “Andrew Spar, president of the Florida Education Association, said in a written statement: ‘This bill does not reduce testing but increases it. The bill does not focus on student learning or on providing teachers time to monitor and assess children’s progress. In fact, it probably will add more work for already overwhelmed teachers. Most basically, the bill fails students.’” [Florida Phoenix, 3/15/22]
- The Progress-Monitoring System Would Create Three Exams Throughout The School Year, Two Of Which Would Be Considered Diagnostic Exams And The Other Would Be An End-Of-Year Cumulative Exam For Reading And Math. According to the Florida Phoenix, “The new system, ‘progress monitoring,’ will replace the current statewide exams called Florida Standards Assessments (FSA). According to a planned timeline, this would be the last school year students will take the FSA exams. Come next academic year, 2022-23, there will be three exams throughout the school year. Two of them are considered diagnostic exams to see how students are progressing. But the third exam is the end-of-year cumulative and comprehensive assessment for reading and math.” [Florida Phoenix, 3/15/22]
- The Legislation Required The Exams To Be Computer-Based, But Lacked Specification As To How To Prepare For Each Assessment. According to the Florida Phoenix, “The legislation specifies that the assessments will be computer based, but it’s unclear how much time teachers and students will need to prepare for each session. The Department of Education will develop or obtain the new assessments from vendors or other institutions.” [Florida Phoenix, 3/15/22]
- The Bill Lacked Clarification As To How Long Each Assessment Would Take, How Much Time Taking The Assessments Added Up Through The Entire Year, And How Much Instructional Time Would Be Needed To Ensure Students Are Prepared. According to the Florida Phoenix, “Yet, there are many unanswered questions: how long will each assessment take? How much time will that add up throughout the year? How much instructional time will be devoted to ensuring students are prepared for each session of the progress monitoring assessment?” [Florida Phoenix, 3/15/22]
- The Florida Education Association Argued The Bill Would Not Decrease Standardized Testing, Nor Would It End “Big Make-Or-Break” Tests At The End Of Each School Year. According to the Florida Phoenix, “But the Florida Education Association disagrees. ‘Educators and parents had high hopes when Gov. DeSantis announced in September that Florida would end its system of high-stakes testing for our students, but the bill signed into law today fails to meet those expectations,’ FEA said in a press release Tuesday. ‘Senate Bill 1048 does not reduce the amount of standardized testing that our students must endure, nor does it eliminate the big make-or-break test at the end of year.’” [Florida Phoenix, 3/15/22]
- The Bill Maintained The Standardized Testing For Algebra 1, Geometry, Biology I, U.S. History, And Civics, And Specified That The Progress-Monitoring Only Applied To English Language Arts From Grades 3-10 And Math From Grades 3-8. According to the Florida Senate, “The bill modifies the statewide standardized assessment program to include a CSPM system, but maintains the statewide standardized science assessment and the end-of-course (EOC) assessments in Algebra 1, Geometry, Biology I, United States History, and Civics. The bill specifies the implementation of English Language Arts (ELA) grades 3-10 and mathematics grades 3-8 assessment and progress monitoring.” [Florida Senate, Accessed on 10/25/22]
¶ SECLUSION AND PHYSICAL RESTRAINTS
2021: Ron DeSantis Signed Into Law Legislation That Prohibited The Use Of Seclusion On Students, Limited The Ability To Physically Restrain Students With Disabilities, And Required Continuing Education Or In-Service Training For Teaching Students With Disabilities. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 149, which “[p]rohibit[ed] use of seclusion on students; revise[d] provisions relating to use of restraint on certain students; provide[d] DOE, school district, school, & personnel requirements; provide[d] for placement of video camera in specified classrooms; provide[d] requirements for such placement; require[d] continuing education & inservice training for teaching students with emotional or behavioral disabilities.” [Florida Senate, Accessed on 9/29/22; Florida Senate, H.B. 149]
- The Bill Ended The Practice Of Secluding Students In An Isolated Room And Severely Restricting Physical Restraints Like Handcuffs And Zip Ties. According to the Florida Phoenix, “Traumatic use of physical restraints and seclusion may no longer be a technique used on students, particularly those with disabilities, come next school year. That’s because the both the Florida House and Senate voted unanimously in favor of HB 149, which aims to prohibit the practice of secluding a student in an isolated room and severely limit the use of physical restraints such handcuffs and zip ties to only certain situations.” [Florida Phoenix, 4/27/21]
- The Bill Only Allowed The Use Of Restraints On Students If They Posed An Imminent Danger To Themselves Or Others And Other Intervention Methods Had Been Used And Required For The Restraint To Be Removed Once The Risk Was No Longer Present. According to the Florida Phoenix, “If the bill is approved, restraints can only be used on a student if they pose imminent danger to themselves or others and all other methods of intervention have been exhausted. The restraint has to be removed when the danger posed by the student has dissipated.” [Florida Phoenix, 4/27/21]
2022: Ron DeSantis Signed Into Law Legislation That Banned The Use Of Mechanical Restraints On Students With Disabilities By School Faculty, With Exceptions For School Resource Officers, School Safety Officers, School Guardians, Or Guards. In March 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 235, which “prohibit[ed] the use of mechanical restraint on students with disabilities by school personnel except for school resource officers, school safety officers, school guardians, or school security guards, who may use mechanical restraint in the exercise of their duties to restrain students in grades 6 through 12.” [Florida Senate, Accessed on 10/17/22; Florida Senate, H.B. 235]
- The Bill Updated The 2021 Bill That Restricted Airflow Or Blood Flow Restrictions With A Carve Out For Mechanical Restraints By Limiting All Restraint Use By Certain Authorized Personnel On Students Grades 6 Through 12. According to Florida Politics, “The new language is an update of legislation passed last year, which allowed restraints so long as they didn’t restrict airflow, blood flow or put students in a facedown position. This year’s legislation removes the provision and limits restraint use by ‘authorized personnel’ on students in grades 6 through 12. Republican Rep. Rene Plasencia, a former Orlando teacher, sponsored the legislation. A mother of two, Senate Democratic Leader Lauren Book sponsored a companion bill (SB 390). Plasencia told Florida Politics his home district utilizes physical restraint devices. ‘It took us 12 years to pass the last bill and last summer we found out there was a carve-out for mechanical restraints,’ Plasencia said. ‘There aren’t a lot of school districts that utilize this anymore, and there’s really no need for it.’” [Florida Politics, 3/25/22]
2022: Ron DeSantis Signed Into Law Legislation That Allowed Parents To Prepare And Submit An Individualized Seizure Action Plan For Epileptic Students To Receive Health Care On School Grounds If They Have A Seizure. In March 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 173, which “[r]equire[d] school to provide epilepsy or seizure disorder care to student; provide[d] for creation & implementation of individualized seizure action plan for students with epilepsy or seizure disorders to receive health care at school; provide[d] requirements for DOE, schools, school nurses & certain other school employees, & such plans.” [Florida Senate, Accessed on 10/14/22; Florida Senate, H.B. 173]
- The Bill Allowed Parents To Draft Seizure Action Plans For School Faculty To Follow If Their Child Experiences A Seizure While In School. According to Florida Politics, “Gov. Ron DeSantis signed a bill Friday allowing parents to draft ‘individualized seizure action plans’ that school staff could follow in the event their child has a seizure. The plans will provide school staff with a student’s medical and personal information. It also will include the contact information of parents and health care providers. Miami Democratic Rep. Nick Duran and Sunrise Democratic Rep. Mike Gottlieb are the bill sponsors (HB 173).” [Florida Politics, 3/25/22]
- The Bill Required All School Personnel, Including Nurses, Bus Drivers And Officers, To Undergo Trainings On To How To Care For Students That Experience Seizures And Follow Action Plans. According to Florida Politics, “Under the new law, school employees — including nurses, bus drivers, bus aides ‘or any officer or agent of the school district’ — will have to attend training on how to care for students with a submitted seizure action plan.” [Florida Politics, 3/25/22]
- The Bill Gave Liability Immunity To School Faculty That Was Acting In Good Faith. According to Florida Politics, “The proposals garnered bipartisan support in both chambers. The legislation also calls for those staff members ‘acting in good faith’ — without willful misconduct, gross negligence or recklessness — to be provided immunity from liability.” [Florida Politics, 3/25/22]
¶ CAREER EDUCATION AND READINESS OPPORTUNITIES
2019: Ron DeSantis Signed Into Law A Workforce Education Package That Promoted Career Education And Readiness Opportunities For Public School Students, Supported Teacher Recruitment And Training, Strengthened College And Career Opportunities, And Provided Accreditation Flexibilities. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7071, which “promote[d] career education and readiness opportunities for students in public schools and provide[d] responsibilities for district school boards, the Department of Education (DOE), and the Commissioner of Education (commissioner) regarding career education opportunities; provide[d] flexibilities and supports to public schools regarding teacher recruitment and training; strengthen[ed] transition pathways to college and career opportunities; establishe[d] alignment between education and workforce needs, and provides related supports; and specifie[d] provisions related to the consolidation of accreditation of the University of South Florida branch campuses.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 7071]
- The Bill Established The “Florida Pathways To Career Opportunities Grant Program,” Which Provided Competitive Grants To Qualifying Institutions To Expand Apprenticeships. According to a press release from Governor Ron DeSantis, “Establishing the ‘Florida Pathways to Career Opportunities Grant Program,’ which provides competitive grants to eligible institutions to create or expand apprenticeship and pre-apprenticeship programs.” [Press Release - Governor Ron DeSantis, 6/24/19]
- The Bill Required A Reverse Transfer Between Universities And Colleges To Award Associate Degrees To Eligible Students. According to a press release from Governor Ron DeSantis, “Requiring a reverse transfer between Florida universities and colleges to award an associate in arts degree to students who have completed necessary requirements.” [Press Release - Governor Ron DeSantis, 6/24/19]
- The Bill Required Career Centers And Florida College System To Create Regional Career Pathways Guaranteeing College Credit For Associate Degree Programs For Eligible Students. According to a press release from Governor Ron DeSantis, “Requiring career centers and Florida College System institutions to establish regional career pathways guaranteeing college credit toward an aligned associate degree program for eligible students who graduate with a certificate from a career center.” [Press Release - Governor Ron DeSantis, 6/24/19]
- The Bill Established The “Last Mile Scholarship Program” For Eligible People To Finish Their First Associate Or Bachelor’s Degree. According to a press release from Governor Ron DeSantis, “Establishing the ‘Last Mile Scholarship Program,’ that will pay for eligible individuals to finish their first associate or baccalaureate degree.” [Press Release - Governor Ron DeSantis, 6/24/19]
- The Bill Increased Opportunities For Students To Take Computer Science Courses In High School By Permitting The Application Of Computer Science Courts Toward A Science Or Math Credit Requirement. According to a press release from Governor Ron DeSantis, “Creating increased opportunities for students to take high quality computer science courses in high school by allowing students to count one course as either a require science or required math credit.” [Press Release - Governor Ron DeSantis, 6/24/19]
2021: Ron DeSantis Signed Into Law Legislation That Imposed A $3,000 Contribution Limit To Political Committees That Oppose Or Sponsor Constitutional Amendments Proposed By Citizen-Led Initiatives And Prohibited Local Governments From Establishing Their Own Contribution Limits. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1890, which “add[ed] political committees sponsoring or in opposition to constitutional amendments proposed by initiative to the list of entities subject to a $3,000 contribution limit from a person or political committee. The contribution limit will no longer apply to such a political committee once the Secretary of State has issued a certificate of ballot position and a designating number for the proposed constitutional amendment. The bill preempt[ed] local governments from enacting or adopting: Contribution limits that differ from existing limits specified in statute; Any limitation or restriction involving contributions to a political committee or an electioneering communications organization; or Any limitation or restriction on expenditures for an electioneering communication or an independent expenditure. The bill also revise[d] the authorized methods for disposing of surplus campaign funds to: Prohibit a candidate from donating such funds to a charitable organization by which he or she is employed; and Eliminate restrictions on which candidates may donate to which government funds to allow all candidates for state and local office to deposit surplus funds in the general revenue fund of a political subdivision, the state General Revenue Fund, or the Election Campaign Financing Trust Fund.” [Florida Senate, Accessed on 10/7/22; Florida Senate, S.B. 1890]
- The Bill Severely Limited The Ability To Finance Citizen-Led Initiatives For Constitutional Amendments. According to the Miami Herald, “Floridians who want to amend the state Constitution through a citizen initiative and bypass an unresponsive state Legislature will now have their ability to finance the effort severely limited if a bill sent to the governor by the Florida House on Monday becomes law.” [Miami Herald, 4/26/21]
- The Bill Established A $3,000 Limit On Contributions To Political Committees That Sponsor Or Oppose A Constitutional Amendment Proposed By Citizen Initiatives, Which Limited The Ability To Finance Expensive Petition-Gathering Operations. According to the Miami Herald, “If signed by Gov. Ron DeSantis, SB 1890 would impose a $3,000 cap on contributions to any political committee sponsoring or opposing a constitutional amendment proposed by initiative, limiting the ability of proponents to finance the expensive signature-gathering operation needed to bring a proposed amendment before voters.” [Miami Herald, 4/26/21]
- The Bill Provided That The Contribution Cap Would Disappear Only After Initiatives Receive Enough Signatures, Unlike Legislators Who Accept Unlimited Contributions From Political Committees Despite Having A $3,000 Cap. According to the Miami Herald, “The $3,000 cap is the same limit set on contributions to individual legislative campaigns. Except legislators have given themselves a loophole: They allow themselves to accept unlimited amounts of campaign cash as long as it is given to their political committees. Under the bill, only after an idea obtains enough signatures to get onto the ballot does the cap disappear and affiliated political committees can collect unlimited contributions to help pass the idea.” [Miami Herald, 4/26/21]
- ACLU Of Florida Sued Claiming The Bill Was Unconstitutional And Burdened Free Speech. According to Florida Politics, “A federal judge has halted Florida’s law placing limits on early donations to citizen initiative campaigns the day it was set to take effect. The judge sided with the American Civil Liberties Union of Florida, which sued to defeat the bill (SB 1890) last month. The ACLU argues the measure unconstitutionally burdens and chills Florida citizens’ free speech.” [Florida Politics, 7/1/21]
- Federal Judge Allen Winsor Of Florida’s Northern District Ruled That Florida Did Not Have A Significant Interest In Restricting Political Speech Through The Donations Of Political Committees And That Such Political Speech Was Protected Under The First Amendment. According to Florida Politics, “However, Judge Allen Winsor in the Northern District of Florida wrote in his order Thursday that Florida has no significant interest in limiting political speech, in the form of donations, of political committees with fewer but bigger contributors. ‘Binding decisions from the United States Supreme Court … concluded that the First Amendment forbids limitations like those SB 1890 imposes,’ Winsor wrote.” [Florida Politics, 7/1/21]
2022: Ron DeSantis Signed Into Law Legislation Banning Foreign Nationals From Contributing To Florida Elections, Limiting Contributions For The Support Or Opposition Of Ballot Initiatives By Out-Of-State Individuals And Out-Of-State Political Committees, And Prohibiting Local Governments From Promoting Local Referendums. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 898, which “define[d] the term ‘foreign national’ and prohibit[ed] a foreign national from making or offering to make a contribution or expenditure, directly or indirectly, in connection with any election held in the state. The bill also narrow[ed] application of the contribution limit for political committees that are the sponsors of or in opposition to citizens’ initiatives by specifying that the contribution limit applies only to persons who are not residents of the state and to political committees that have not registered an office using a street address located within the state. Finally, the bill prohibit[ed] use of public funds by local governments for initiating communications pertaining to an issue, referendum, or amendment, including any state question. The prohibition does not preclude a local government or a person acting on behalf of a local government from: Reporting on official actions of the local government’s governing body in an accurate, fair, and impartial manner; Posting factual information on a government website or in printed materials; Hosting and providing information at a public forum; Providing factual information in response to an inquiry; or Providing information as otherwise authorized or required by law.” [Florida Senate, Accessed on 10/24/22; Florida Senate, H.B. 921]
- The Bill Limited Non-Florida Residents From Donating Over $3,000 And Out-Of-State Political Committees From Receiving Donations Greater Than $3,000 In Relation To Ballot Initiative Petitions. According to Florida Politics, “Gov. Ron DeSantis has signed Florida’s second attempt to limit spending in the ballot initiative process after last year’s proposal met legal hurdles. The proposal (HB 921), filed by Eucheeanna Republican Rep. Brad Drake, limits non-Floridians from donating more than $3,000, and out-of-state political committees from receiving donations worth more than $3,000, when it comes to ballot initiatives in the petition-gathering process. That provision and others will take effect July 1.” [Florida Politics, 4/6/22]
- Critics Argued The Bill Went Against Citizens United’s Decision That Protected Political Contributions As Free Speech. According to Florida Politics, “However, critics say the bill still runs afoul of the U.S. Supreme Court’s 2010 Citizens United decision protecting political contributions as free speech.” [Florida Politics, 4/6/22]
- The Bill Banned Contributions From Foreign Governments, Political Parties, Businesses, And Citizens, Including People Who Were Not U.S. Citizens Or People Who Were Not Granted Permanent Residence. According to Florida Politics, “A second provision will ban contributions from foreign governments, foreign political parties, foreign businesses and foreign citizens, as well as people who aren’t U.S. citizens and who aren’t granted permanent residence. That doesn’t include dual citizens.” [Florida Politics, 4/6/22]
- The Bill’s Restrictions On Spending Equally Applied To Political Committees Sponsoring And Opposing Ballot Initiatives. According to Florida Politics, “That change, touted by Lighthouse Point Democratic Sen. Gary Farmer and Orlando Democratic Rep. Anna V. Eskamani, will apply the bill’s restrictions equally to committees sponsoring and opposing ballot initiatives. Initially, the bill would have only applied to committees sponsoring the initiatives.” [Florida Politics, 4/6/22]
- The Bill Prevented Local Governments From Promoting Local Referendums, Only Allowing People To Seek Information On Referendums But Prohibiting Local Officials From Initiating Discussions. According to Florida Politics, “Another change will prevent local governments from promoting local referendums even with factual information, which drew consternation from Democrats. The public could still ask for information on the referendums, but local governments and local officials could not initiate those discussions.” [Florida Politics, 4/6/22]
¶ Constitutional Amendment Initiative Process And Petitions
¶ ADDITIONAL REQUIREMENTS AND PROCEDURES
2019: Ron DeSantis Signed Into Law Legislation That Established Additional Requirements And Procedures For The Constitutional Amendment Initiative Process, Including Requiring Paid Petition Circulators To Register With The Secretary Of State And Prohibiting The Payment Of Circulators On A Per-Signature Basis. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 5, which “create[d] additional requirements and procedures relating to the constitutional amendment initiative process and paid petition signature gatherers. Specifically, the bill change[d] the initiative process as follows: Circulator Registration Requirements: Paid petition circulators (circulators) must register with Secretary of State prior to obtaining signatures, and consent to jurisdiction in this State. Failing to register constitutes a second-degree misdemeanor. Circulator Compensation: A person is prohibited from compensating a petition circulator on a per-signature basis. Violations are a first-degree misdemeanor. Petition Forms: The Florida Division of Elections (DOE) or county supervisors of elections (supervisors) are responsible for making petition forms available to circulators, and must develop a tracking system for petition forms and circulators. Circulator’s Affidavit: Circulators verify, under penalty of perjury, that they witnessed the signature on the petition. Petition Submission Deadline: Petition sponsors are fiduciaries responsible for ensuring submitting signed petitions to supervisors within 30 days after they are signed. The sponsor is liable for fines, with exceptions, for petitions submitted late or not at all. Economic Impact Information: The initiative financial impact statement included on the ballot and prepared by the Financial Impact Estimating Conference (FIEC) is expanded in length (75 to 150 words) and scope, to include the economic impact on the state and local economies. If an initiative will result in increased costs, decreased revenues, a negative impact on the state or local economy, or an indeterminate impact, the ballot must include a statement in bold font to such effect. Finally, the supervisors must distribute the summary of each initiative’s financial information statement (also prepared by the FIEC) along with their sample ballots. DOE Rulemaking: The DOE must adopt rules to ensure the integrity of the petition gathering process, including providing for a complaint process for voters to challenge signature issues and a requirement that sponsors account for all petition forms used. Effective Date/Application: The ban on per-signature compensation takes effect upon becoming a law but does not apply to preexisting contracts. Other provisions take effect 30 days after the bill becomes law.” [Florida Senate, Accessed on 8/29/22; Florida Senate, H.B. 5]
- The Bill Made It More Difficult To Amend Florida’s Constitution Through Citizen-Led Initiatives. According to Florida Politics, “Ballot Measures (HB 5): A part of this bill will likely make it harder for the state’s constitution to be amended through citizen-led drives. Republicans behind the bill have said it will cut down on fraud and abuse.” [Florida Politics, 6/8/19]
- The Bill Required Petition Sheets To Have Serial Numbers And Be Printed By The County Supervisors Of Election, Required Paid Petition Circulators To Register With The State, Prohibited Circulators From Being Paid Per Petition, And Penalized Ballot Initiative Sponsors If They Turn In Petitions Late. According to Talking Points Memo, “If Florida’s bill becomes law, petition sheets to get constitutional questions on the ballot would have to be serially numbered and printed by county supervisors of elections, copying a procedure currently used for voter registration sheets. Paid petition-gatherers would be forced to register their address with the state, and they would be prohibited from being paid per petition. Ballot initiative sponsors could be fined if they turn in petitions late — or fined $500 for petitions never turned in, or $1,000 ‘if the sponsor or petition circulator acted willfully.’” [Talking Points Memo, 6/7/19]
- ACLU Of Florida: Florida Legislators Retaliated Against The Passage Of Constitutional Amendments By Florida Voters, Including The Restoration Of Voting Rights To Certain Felons, And Limited The Citizen Initiative Access To The Ballot. According to the American Civil Liberties Union of Florida, “Due to several extremely popular citizen movements in recent years that resulted in amendments to the Florida Constitution – including the recent historic Amendment 4 Voting Restoration Amendment – legislators retaliated against the people of Florida and severely limited citizen initiative access to the ballot.” [American Civil Liberties Union of Florida, 5/9/19]
- ACLU Of Florida: The Bill Created “Unnecessary, Unconstitutional, And Overly Burdensome Obstacles For Floridians” Who Want To Propose Constitutional Amendments. According to the American Civil Liberties Union of Florida, “This new legislation creates unnecessary, unconstitutional, and overly burdensome obstacles for Floridians who wish to propose amendments to our Constitution. Florida already has one of the most burdensome citizen-initiative processes in the country. The new law will make it even more difficult for citizen initiatives to gain access to the ballot.” [American Civil Liberties Union of Florida, 5/9/19]
¶ INCREASED SIGNATURE THRESHOLD FOR JUDICIAL REVIEW AND ADDITIONAL REQUIREMENTS
2020: Ron DeSantis Signed Into Law Legislation That Raised The Signature Threshold For Constitutional Amendment Petitions That Trigger A Judicial Review, Allowed Citizens To Challenge A Petition Circulator’s Registration In Circuit Court, And Established Reporting Requirements For Election Supervisors Over Constitutional Amendment Proposals. In April 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1794, which “[i]ncreas[ed] the signature threshold at which the Secretary of State must transmit initiative petitions to the Attorney General for review; provid[ed] that a citizen may challenge in circuit court a petition circulator’s registration with the Secretary of State; authoriz[ed] the Division of Elections or a supervisor of elections to provide petition forms in a certain electronic format; requir[ed] that ballots containing constitutional amendments proposed by initiative include certain disclosures and statements, in a specified order, etc.” [Florida Senate, Accessed on 9/16/22; Florida Senate, S.B. 1794]
- The Bill Increased The Threshold For Citizen Initiatives To Require A Judicial Review And Prevented Petition Signatures From Rolling Over To The Next Ballot, Which Opponents Argued It Effectively Created A “Ballot For Billionaires.” According to Florida Politics, “Gov. Ron DeSantis signed seven bills into law late Wednesday, including measures that will place additional restrictions on ballot initiatives The controversial bill (SB 1794) raises the threshold for citizen initiatives to trigger a judicial review and prevents petition signatures from rolling over to the next ballot. Opponents, who say the legislation effectively creates a ‘ballot for billionaires,’ have used citizen initiatives to bypass the Legislature when some believe it’s been slow to act — such as with marijuana.” [Florida Politics, 4/9/20]
- The Bill Increased The Judicial Review Trigger From 10% To 25% Of Total Signatures And Such Signatures Must Derive From One Half, Instead Of One-Quarter, Of The Congressional Districts. According to Florida Politics, “The trigger for judicial review would jump to 25% from 10% of total signatures required to make the ballot. Those signatures must come from one half, instead of one quarter, of the state’s congressional districts.” [Florida Politics, 4/9/20]
- Opponents Argued That Increasing The Threshold For Judicial Review Would Lead To Funding Challenges For Groups Seeking Ballot Initiatives Since Many Donors Prevent Donating Until The Supreme Court Has Determined The Initiative’s Constitutionality. According to Florida Politics, “Critics contend that by pushing judicial review — the process by which Justices determine whether ballot language is constitutional — further down in the process, groups seeking a ballot initiative would experience greater challenges getting funding to promote their efforts. Many deep-pocketed donors hold off on donating to causes until the Supreme Court has signed off because it protects their investment.” [Florida Politics, 4/9/20]
- Opponents Argued That Mainly Amendments Originated By Wealthy Donors Would Have The Funding To Make It Through The Judicial Review Process To The General Election Ballot. According to Florida Politics, “Instead, mainly proposed amendments originating from wealthy donors will have the legs to eventually make it to the ballot, they say.” [Florida Politics, 4/9/20]
- Civil Rights, Voting Rights, And Environmental Advocacy Groups Urged Ron DeSantis To Veto The Bill, Stressing That The Bill Limited The Citizen’s Ability To Enact Change. According to Florida Politics, “A coalition of organizations, including civil-rights groups, voting-rights groups and environmental groups, sent a letter last month to DeSantis urging him to veto the bill. ‘Constitutional amendments that pass do so with almost always a higher threshold than elected leaders,’ the letter said. ‘Why should we want to limit a citizen’s ability to enact change? SB 1794 does exactly that.’” [Florida Politics, 4/9/20]
- The Bill Established An Expiration Date For Petition Signatures If The Initiative Does Not Gather Adequate Support Within One Two-Year Cycle Ending On February 1st Of Every Year. According to Florida Politics, “The bill’s other headlining provision lets petition signatures expire if the initiative doesn’t get enough support within one two-year cycle ending at the deadline to pass the ultimate signature threshold — February 1 every even year.” [Florida Politics, 4/9/20]
- The Bill Provided Transparency Provisions For Election Supervisors, Including Requirements To Report How Many Petitions They Have Received, How Many Were Validated And The Fiscal Impact Of The Initiative. According to Florida Politics, “Additionally, the bill would create transparency measures for election supervisors, including to report how many petitions they’ve received and how many have been validated. Proposals with a fiscal impact would need a note on the ballot saying so.” [Florida Politics, 4/9/20]
2022: Ron DeSantis Signed Into Law Legislation That Required Alachua County To Have A Referendum In 2022, Allowing Voters To Decide Whether To Require The Election Of County Commissioners By Single-Member Districts Instead Of At-Large. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1493, which “[a]mend[ed] Alachua County Home Rule Charter to require election of county commissioners in single-member districts; provide[d] for referendum.” [Florida Senate, Accessed on 10/27/22; Florida Senate, H.B. 1493]
- The Bill Allowed Alachua County Voters To Decide Whether To Amend The County Charter To Modify Who Their County Commissioners Represent. According to Florida Politics, “Legislation allowing voters to decide whether to amend Alachua County’s charter to change who their county commissioners represent passed the House floor Wednesday.” [Florida Politics, 3/2/22]
- The Bill Placed A Ballot Initiative For Alachua County Voters In 2022 To Modify Their Election Model For County Commissioners From At-Large Seats To Single-Member Districts. According to Florida Politics, “The bill places a ballot initiative in front of Alachua County voters in 2022 to change the county’s five commissioners from at-large seats to single-member districts. Instead of representing the whole district, each Commissioner would only represent voters within the boundaries of their district.” [Florida Politics, 3/2/22]
- The Bill Gave Republicans An Opportunity To Win Representation On The Alachua County Commission, Since The County Is 66% Democratic, But Democrats Mainly Live In Gainesville While Republicans Mainly Live Right Outside The City. According to Florida Politics, “If the bill passes the Senate and voters back the change, Republicans could have a shot at getting representation on the Commission, something that hasn’t happened in decades. Democrats make up about 66% of county voters, but are largely centralized in Gainesville, the county’s largest population center and home to the University of Florida. However, cities outside of Gainesville lean red, meaning Republicans have a better shot at picking up a Commission seat in a single-member district format if one of the districts includes a larger slice of the county’s other cities.” [Florida Politics, 3/2/22]
- A Democratic Legislator From Gainesville Argued Single-Member Districts In Alachua County Could Decrease Access Of Black Candidates To The County Commission. According to Florida Politics, “However, Democratic Rep. Yvonne Hinson of Gainesville pointed out before Wednesday’s vote that the County Commission has elected at least one Black at-large Commissioner since 1996. She also argued that since the county’s Black population is scattered across the county, single-member districts could reduce Black access to seats.” [Florida Politics, 3/2/22]
- The Alachua County Commission And The Gainesville City Commission Opposed The Bill. According to Florida Politics, “The Alachua County Commission and Gainesville City Commission have both voted unanimously to signal their opposition to the bill.” [Florida Politics, 3/2/22]
¶ Election Integrity And Security
¶ MAIL BALLOT REQUIREMENTS, DROP BOX RESTRICTIONS, ENHANCED I.D. REQUIREMENTS, AND PRIVATE DONATIONS PROHIBITION
2021: Ron DeSantis Signed Into Law Legislation That Required People To Request Mail Ballots Each Election Cycle Instead Of Every Two Cycles, Imposed Stricter Rules On The Use Of Ballot Drop Boxes, Enhanced Identification Requirements When Requesting A Mail Ballot Or Registering To Vote, And Prohibited The Use Of Private Money Or Donations To Administer Elections In Florida. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 90, which “[p]rohibit[ed] certain persons from settling certain actions, consenting to conditions, or agreeing to certain orders in certain circumstances; revis[ed] requirements governing the acceptance of voter registration applications; revis[ed] the oath for candidates seeking to qualify for nomination as a candidate of a political party; limit[ed] the duration of requests for vote-by-mail ballots to all elections through the end of the calendar year of the next regularly scheduled general election; prohibit[ed] certain solicitation activities within a specified area surrounding a drop box, etc.” [Florida Senate, Accessed on 10/20/22; Florida Senate, S.B. 90]
- The Bill Established Rules On Ballot Drop Boxes And Mandated Voters Provide A Driver’s License Number, State Identification Number, Or The Last Four Digits Of A Social Security Number In Order To Request A Mail Ballot. According to the Associated Press, “Last year, DeSantis signed a bill that put new rules on ballot drop boxes and required a driver’s license number, state ID number or last four digits of a Social Security number to request a mail ballot, among other things.” [Associated Press, 3/9/22]
- The Bill Prohibited People From Handling More Than Two Ballots, Excluding Family Members’ Ballots And Excluding Ballots Collected At Assisted Living Facilities And Nursing Homes. According to a press release from Governor Ron DeSantis, “The proposal strikes a reasonable balance for families and those in elder care facilities while simultaneously banning ballot harvesting by political operatives. Under this law, a person may not handle more than two ballots other than those of immediate family members. There is an exemption for ballots collected during supervised voting at assisted living facilities and nursing homes to make sure no undue burden is caused for Florida’s most vulnerable.” [Press Release - Governor Ron DeSantis, 5/6/21]
- The Bill Banned Mass Ballot Mailings To Ensure Ballots Were Sent To The Correct Voter And Sent Only If It Was Requested For Each Election Cycle. According to a press release from Governor Ron DeSantis, “The proposal bans the mass mailing of ballots, ensuring that vote-by-mail ballots are only sent to the individuals that requested them, and only if requested for each election cycle they intend to vote by mail.” [Press Release - Governor Ron DeSantis, 5/6/21]
- The Bill Allowed Political Parties And Candidates To Observe Signature Matching Reviews By The Canvassing Board And Allowed Political Parties Or Candidates To Appoint Watchers On Their Behalf. According to a press release from Governor Ron DeSantis, “The bill also increases election transparency, allowing each political party and candidate guaranteed access to observe signature matching reviews by the canvassing board, and allows for appointed watchers on their behalf.” [Press Release - Governor Ron DeSantis, 5/6/21]
- The Bill Required The Supervisors Of Elections To Update Election And Voter Turnout Data Every Hour And Ensure Every County Has Access To The Live Data, And Required The Supervisors Of Elections To Post The Number Of Mail Ballots That Have Been Received And Counted On Election Day. According to a press release from Governor Ron DeSantis, “The bill bolsters reporting, requiring that every county have access to live voter turnout data, updated hourly by Supervisors of Elections (SOEs). SOEs will also be required to post, beginning at 7 p.m. on Election Day, the number of vote-by-mail ballots that have been received and the number of vote-by-mail ballots that remain uncounted. This reporting will be updated at least every hour.” [Press Release - Governor Ron DeSantis, 5/6/21]
- The Bill Barred Election Supervisors From Accepting Private Donations Or Grants To Fund The Administration Of Elections In Florida. According to a press release from Governor Ron DeSantis, “Finally, the bill will prohibit private money from administering elections by prohibiting our Election Supervisors from accepting donations or grants to fund any aspect of election administration or operations.” [Press Release - Governor Ron DeSantis, 5/6/21]
- The Bill Limited The Use Of Drop Boxes During Early Voting, Unless The Boxes Are Located At The Offices Of Election Supervisors. According to CNN, “The legislation cuts access to drop boxes by limiting their use to early voting hours unless they are located at election supervisors’ offices.” [CNN, 4/30/21]
- The Bill Required All Drop Boxes To Be Staffed In-Person By Workers Of The Office Of Election Supervisors. According to CNN, “All drop boxes must always be staffed in person by election supervisors’ office workers if they are in use.” [CNN, 4/30/21]
- The Bill Required Supervisors To Establish And Publish The Locations Of Drop Boxes 30 Days Before The Election And Prohibited Any Changes. According to CNN, “The bill also requires supervisors to set and publish drop box locations 30 days before the election. Those locations cannot be moved for any purpose.” [CNN, 4/30/21]
- The Bill Penalized Election Supervisors With A $25,000 Fine If They Failed To Follow The New Drop Box Rules. According to CNN, “The bill says election supervisors can be subject to a $25,000 penalty if they do not adhere to the new drop box rules.” [CNN, 4/30/21]
- The Bill Required People To Request Mail Ballots Every Election Cycle, Instead Of Every Two Election Cycles, And Grandfathered Voters Who Had Already Requested Their Ballots Through The 2022 Election. According to CNN, “People who want to vote by mail now must request ballots every election cycle, instead of every two cycles. An eleventh-hour agreement between the two chambers did grandfather in those voters who are already on the request list through the 2022 election.” [CNN, 4/30/21]
- Critics Scrutinized The Provision That Restricted On Who Can Pick Up And Return Ballots On The Behalf Of Others, Only Allowing People To Possess Their Person Ballot, A Ballot Of An Immediate Family Member And Two Other Per Election Cycle And Family Members Did Not Include Extended Family Or Caretakers. According to CNN, “Another measure of SB 90 that critics say will disproportionately impact low-income voters and voters of color is stricter limits on who can pick up and return a voter’s ballot on their behalf. The bill says a person can be in possession only of their own ballot, a ballot of their immediate family member and two others per election cycle. Immediate family does include grandchildren, but not other extended family members or caretakers. Democrats said their failed attempts to change the language from immediate family to household were to better represent immigrant family dynamics, which often include extended family members in the home.” [CNN, 4/30/21]
- 2022: A U.S. District Judge Ruled That The Bill Contained Unconstitutional Provisions And Restricted Lawmakers From Passing Future Voting Laws Relating To Drop Boxes, Third-Party Voter Registration Or Ways To Restrict “Line Warming” Activities At Polling Sites Without Judicial Approval For The Next Decade. According to the Tampa Bay Times, “A federal judge ruled that multiple parts of a voting law signed by Gov. Ron DeSantis last year are unconstitutional, striking down various provisions and prohibiting the Legislature from passing future voter laws without first getting approval from a court. In a sweeping 288-page order declaring the right to vote ‘under siege,’ U.S. District Judge Mark Walker on Thursday forbade lawmakers from passing future laws involving drop boxes, third-party voter registration or efforts to limit ‘line warming’ activities at polling sites without the court’s approval for the next 10 years. All three provisions were part of Senate Bill 90, passed by lawmakers and signed by DeSantis last year.” [Tampa Bay Times, 3/31/22]
¶ OFFICE OF ELECTION CRIMES AND SECURITY, VOTER ROLL UPDATES, PROHIBITION OF RANKED CHOICE VOTING AND PENALTIES FOR BALLOT HARVESTING
2022: Ron DeSantis Signed Into Law Legislation That Established The Office Of Election Crimes And Security To Investigate Election Violations, Required Annual Updates To The Voter Rolls, Banned Ranked Choice Voting, And Enhanced Penalties For Ballot Harvesting. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 542, which “[r]equi[ed] the Secretary of State to notify the Attorney General if signatures required for an initiative petition are no longer valid; creat[ed] the Office of Election Crimes and Security within the Department of State; revis[ed] the frequency with which supervisors of elections must conduct a registration list maintenance program; requir[ed] the Department of State to identify deceased registered voters using information received by specified agencies; requir[ed] specified individuals observing the ballot duplication process to sign a specified affidavit acknowledging certain criminal penalties, etc.” [Florida Senate, Accessed on 10/19/22; Florida Senate, S.B. 524]
- The Bill Expanded The Prohibition Against Private Donations For Election Expenses To Include Litigation Costs. According to the Florida Senate, “The bill also: Expands the prohibition against the use of private donations for election-related expenses to apply to any kind of expense, including but not limited to the costs of related litigation.” [Florida Senate, Accessed on 10/18/22]
- The Bill Required Voter Rolls To Be Annually Updated, Strengthened Voter I.D. Requirements, Established The Office Of Election Crimes And Security To Investigate Any Election Violations, And Enhanced Penalties For Election Violations. According to a press release from Governor Ron DeSantis, “Today, Governor Ron DeSantis signed Senate Bill (SB) 524, Election Administration, to ensure that Florida continues to have secure and accurate elections. This legislation will strengthen election security measures by requiring voter rolls to be annually reviewed and updated, strengthening ID requirements, establishing the Office of Election Crimes and Security to investigate election law violations, and increasing penalties for violations of election laws.” [Press Release - Governor Ron DeSantis, 4/25/22]
- The Bill Established The Office Of Election Crimes And Security Within The Secretary Of State’s Office, Which Created 25 Positions To Investigate Voting Irregularities Or Violations. According to the Tampa Bay Times, “Establishes the 25-person Office of Election Crimes and Security under the Secretary of State’s office to look into voting irregularities or illegalities. (DeSantis initially called for a unit of 45 sworn investigators.)” [Tampa Bay Times, 4/25/22]
- The Bill Imposed A Statewide Ban On Ranked-Choice Voting, Including Local Governments. According to the Tampa Bay Times, “Bans ranked-choice voting statewide, including in cities and counties. In a ranked-choice voting system, voters rank candidates by preference on their ballots rather than selecting just one.” [Tampa Bay Times, 4/25/22]
- The Bill Modified Election Procedures And Enhanced Criminal Penalties For Certain Voting Activities Like Ballot Harvesting. According to the Tampa Bay Times, “Makes a series of tweaks to election procedures and stiffens criminal penalties for certain activities such as ‘ballot harvesting.’ That is the practice of one person or organization collecting a number of completed mail ballots from other people and delivering them to an elections office or drop box.” [Tampa Bay Times, 4/25/22]
- The Bill Required Elections Supervisors To Review And Update Voter Rolls Annually, Including To Remove Dead Individuals From The Rolls And Verify The Status Of Inactive Voters Or Changes Of Address. According to the Tampa Bay Times, “Requires elections supervisors to clean up voter rolls annually, rather than every other year. Cleaning up the voter rolls entails removing deceased persons from the roll, checking the status of inactive voters or voters whose addresses may have changed.” [Tampa Bay Times, 4/25/22]
- League Of Women Voters Of Florida Scrutinized The Bill, Including The Establishment Of An Election Fraud Office, Arguing That The Bill Made Voting More Burdensome To Solve Problems That Do Not Exist. According to the Tampa Bay Times, “Groups that advocate for expanded access to the ballot opposed the bill throughout the legislative process. Cecile Scoon, the president of the League of Women Voters of Florida, criticized many of the new policies Monday, including the creation of an election fraud office. ‘Our biggest issue is, it’s making voting more burdensome for no good reason. Everyone has stated on the record we have almost no fraud,’ Scoon said. ‘These problems do not exist. We want to spend millions of dollars on problems that do not exist.’” [Tampa Bay Times, 4/25/22]
- The Bill Enhanced Penalties For Actors That Modify Voter Registration Forms Illegally To $1,000 Per Violation. According to the Tampa Bay Times, “The bill signed by DeSantis addresses some of this behavior, proponents say. The new law increases financial penalties for actors who alter voter registration forms to $1,000 per violation.” [Tampa Bay Times, 4/25/22]
- The Bill Made Ballot Harvesting A Felony. According to the Associated Press, “The proposal also would increase penalties for the collection of completed ballots by a third party, often referred to as ballot harvesting, to a felony.” [Associated Press, 3/9/22]
- Critics Contended That The Bill Was A Way For Ron DeSantis To Appease 2020 Election Deniers In The Republican Party And Argued Local Prosecutors Could Handle Voter Fraud Cases. According to the Associated Press, “Critics have said the bill is intended as a way for DeSantis to appease Republicans who believe the 2020 Election results were fraudulent and that it is unnecessary, noting that local prosecutors can handle fraud cases.” [Associated Press, 3/9/22]
2019: Ron DeSantis Signed Into Law Legislation That Required The Commission On Ethics To Establish An Electronic Filing System For Financial Disclosure. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7021, which “revise[d] the administration of the submission of information relating to the disclosures of financial interests and statements of financial interests. The bill require[d] the Commission on Ethics to procure and test an electronic filing system by January 1, 2022.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 7021]
2019: Ron DeSantis Signed Into Law Legislation That Created A Public Records Exemptions For The Login Credential Information That Would Be Gathered By The Commission On Ethics Once They Establish An Electronic Filing System For Financial Disclosure. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7023, which “exempt[ed] from public inspection and copying secure login credentials held by the Commission on Ethics for the purpose of allowing access to the electronic filing system for financial disclosures created in CS/HB 7021, this bill’s companion. The bill also exempt[ed] from public inspection and copying any information entered in the electronic filing system for purposes of financial disclosure until a disclosure of financial interests or statement of financial interests is submitted by the filer to the Commission on Ethics, or in the case of a candidate, filed with a qualifying officer. The bill provide[d] that the exemptions are subject to the Open Government Sunset Review Act and stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 7023]
2022: Ron DeSantis Vetoed The Redistricting Plan For Florida’s Congressional. In March 2022, according to the Florida Senate, Ron DeSantis vetoed Senate Bill 102, which would have “[e]stablish[ed] the Congressional Districts of the State; [a]dopt[ed] the United States Decennial Census of 2020 as the official census of the state for use in redistricting the state’s congressional districts; redistrict[ed] the state’s congressional districts in accordance with the United States Decennial Census of 2020 (plan H000C8019); provid[ed] for the inclusion of unlisted territory in contiguous districts in accordance with figures from the United States Decennial Census of 2020; requir[ed] such maps to be made available to the public by the Office of Economic and Demographic Research within a specified timeframe; etc.” [Florida Senate, Accessed on 11/2/22; Florida Senate, S.B. 102]
2022: Ron DeSantis Signed Into Law Legislation That Established The Redistricting Plan For Florida’s Congressional Districts In Accordance With The 2020 U.S. Census. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2-C, which “[e]stablish[ed] the Congressional Districts of the State; [a]dopt[ed] the United States Decennial Census of 2020 as the official census of the state for use in redistricting the state’s congressional districts; redistrict[ed] the state’s congressional districts in accordance with the United States Decennial Census of 2020 (plan P000C0109); providing for the inclusion of unlisted territory in contiguous districts in accordance with figures from the United States Decennial Census of 2020; specif[ied] that certain electronic maps serve as the official maps of the congressional districts of the state; requir[ed] such maps to be made available to the public by the Office of Economic and Demographic Research within a specified timeframe; requir[ed] actions challenging the state’s congressional districts to be brought in a specific venue; specif[ied] limitations for actions challenging the state’s congressional districts, etc. APPROPRIATION: $1,000,000.” [Florida Senate, Accessed on 11/2/22; Florida Senate, S.B. 2-C]
- The Congressional Redistricting Map Gave Significant Gains To Republicans And Eliminated A North Florida District That Was Held By A Black Democrat, Causing Several Voting Rights And Civil Rights Groups And A Democratic Redistricting Group Sued Florida. According to Politico, “Several voting rights and civil rights organizations as well as a Democratic-aligned redistricting group sued over Florida’s new congressional map on Friday, the same day Gov. Ron DeSantis signed the new map into law. The new map hands significant gains to Republicans and dismantles the North Florida seat now held by a Black Democrat.” [Politico, 4/22/22]
- Anticipating Lawsuits, The Bill Provided $1 Million To Defend The Redistricting Plan. According to Politico, “But the lawsuit was well anticipated, and state legislators agreed to set aside $1 million along with the new map to help defend the proposal.” [Politico, 4/22/22]
- The League Of Women Voters Of Florida, Black Voters Matter, Florida Rising And Other 12 Voters In Florida Filed A Lawsuit In Leon County’s Circuit Court In Less Than 24 Hours After The Florida Legislature Passed The Redistricting Plan. According to Politico, “The League of Women Voters of Florida, which successfully challenged Florida’s last round of maps passed a decade ago, filed the lawsuit in circuit court in Leon County, along with other organizations such as Black Voters Matters and Florida Rising, as well as 12 voters living across the state. The groups filed the lawsuit less than 24 hours after the GOP-controlled Legislature passed the bill along party lines in chaotic fashion as Black Democrats were loudly protesting on the House floor while Republicans voted to send the map to DeSantis.” [Politico, 4/22/22]
- Critics Argued The Redistricting Plan Violated Florida’s Anti-Gerrymandering Standards That Were Approved By Voters In 2010. According to Politico, “But in their filings, the groups challenging the map contend the proposal violates Florida’s voter-approved anti-gerrymandering standards — called Fair Districts — that were first approved by voters back in 2010.” [Politico, 4/22/22]
- The Lawsuit Challengers Argued That Eliminating The Northern Florida Congressional Sit Violates A Constitutional Requirement That Seats Held By Minorities Cannot Be Diminished And Argued The Plan Was Gerrymandered In Favor Of Republicans. According to Politico, “The lawsuit alleges that the decision to break up the seat now held by Rep. Al Lawson (D-Fla.) in northern Florida runs counter to a Florida constitutional requirement that seats held by people of color cannot be diminished. Those suing also argue that the newly approved map is also defective because it is an ‘extreme’ gerrymander that was done to aid Republicans even though state law says maps cannot be drawn to benefit one political party over another.” [Politico, 4/22/22]
- The Redistricting Plan Changes Congresswoman Val Demings’ Seat To Diminish Black Votes As The Largest Pool Of Democratic Primary Voters, Changes Congressman Charlie Crist’s Seat So It Can Be Potentially Flipped, And Changes Congresswoman Stephanie Murphy’s Seat To Be More Republican-Friendly. According to Politico, “The map approved by the Legislature not only dismantles Lawson’s seat, but changes the makeup of the seat now held by Rep. Val Demings (D-Fla.) so that Black voters no longer constitute the largest share of Democratic primary voters. The new map also would potentially lead to a flip of the seat in the Tampa Bay area now held by Rep. Charlie Crist (D-Fla.), who is not seeking a new term because he’s running for governor. The Central Florida district held by retiring Rep. Stephanie Murphy (D-Fla.) would also become a GOP-friendly district.” [Politico, 4/22/22]
- In The Florida House Of Representatives, Black Lawmakers Protested The Redistricting Plan, Comparing Minority Access To Congressional Seats To The Civil Rights Moving And Staging A Sit-It On The House Floor. According to Florida Politics, “That only occurred after a protest disrupted proceedings. As Democratic debate time ran out, Rep. Yvonne Hayes, a Gainesville Democrat, was comparing the fight for minority access seats to the Civil Rights movement. As her mic was cut, Black lawmakers including Reps. Angie Nixon, of Jacksonville, and Tray McCurdy, of Orlando, began a sit-in on the floor, both revealing T-shirts that read ‘Stop the Black Attack.’” [Florida Politics, 4/21/22]
- Ron DeSantis’ Administration Took The Lead In Producing The Redistricting Maps. According to Florida Politics, “Following the Session, redistricting staff worked with the Governor’s Office to address concerns and produce maps that complied with state and federal law and that DeSantis would sign. But a week ahead of the Special Session, legislative leaders announced their own staff would not produce new maps, and instead would let the Governor take the lead.” [Florida Politics, 4/21/22]
- According To MCI Maps, The Redistricting Plan Established 20 Republican Congressional Districts And Eight Democratic Congressional Districts And Only Left Two Black Districts. According to Florida Politics, “A partisan performance analysis by MCI Maps shows the Governor’s map has 20 congressional districts where Republican Donald Trump won the 2020 Presidential Election and just eight voted for Democrat Joe Biden. It also leaves only two districts the Legislature’s analysts believe will be controlled by Black voters.” [Florida Politics, 4/21/22]
2020: Ron DeSantis Signed Into Law Legislation That Provided County Canvassing Boards And Election Supervisors The Choice To Use Automated Tabulating Equipment To Conduct Both Machine Or Manual Recounts. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1005, which “g[ave] county canvassing boards and supervisors of elections the option to use state-certified, digital-imaging, automated tabulating equipment that is not part of the county’s voting system to conduct both machine and manual recounts. Currently, only nine counties — Bay, Broward, Columbia, Hillsborough, Indian River, Leon, Nassau, Putnam, and St. Lucie — are expected to use such equipment to conduct post-certification, automated audits for the 2020 election cycle. The bill authorize[d] the logic and accuracy testing of voting tabulating equipment to start as early as 25 days before early voting begins, rather than 10 days before early voting begins as under current law, to avoid any delay in the canvassing of vote-by-mail ballots.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 1005]
- The Bill Provided Election Supervisors The Tools To Audit Election Counts By Allowing County Canvassing Boards To Utilize Automatic Tabulating Equipment On Machine And Manual Recounts, Which Would Decrease The Potential Of Human Error. According to Florida Politics, “HB 1005 from the 2020 Legislative Session goes into law Friday. The measure, sponsored in the House by Jacksonville Beach Republican Rep. Cord Byrd, would give supervisors of elections more tools to audit election counts. The bill allows canvassing boards on the county level to use automatic tabulating equipment on the machine and manual recounts, culling undervotes and overvotes in those close elections. This would ‘reduce the potential for human error,’ as Sen. Bill Montford, the Tallahassee Democrat who carried the Senate version of the legislation, said in the fall of 2020.” [Florida Politics, 12/31/20]
- The Bill Allowed The Boards To Count The Paper Ballots Or The Digital Image Of The Ballots And The Boards Could Compare The Digital Images To Their Corresponding Physical Ballot While Conducting A Manual Recount. According to Florida Politics, “A legislative analysis from the Florida House notes that the new law ‘allows for the counting of the actual paper ballots or the digital image of the ballots. ‘In addition, a county canvassing board or local board involved in the recount may compare a digital image of a ballot to its corresponding physical paper ballot during a manual recount,’ the analysis adds.” [Florida Politics, 12/31/20]
2019: Ron DeSantis Signed Into Law Legislation That Established A Public Records Exemption For Voter Registration Application Information And A Voter’s Prior Felony Conviction And Whether The Felon Had Their Voting Rights Restored. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 281, which “amend[ed] s. 97.0585(1), F.S., which contains several public records exemptions for voter registration information. Current law holds confidential and exempt all declinations to register to vote, information relating to the location a person registered to vote, and the person’s social security number, driver’s license number, and Florida identification number. The bill continue[d] the confidential and exempt status of this information if the information was obtained for the purpose of voter registration. The bill ma[de] confidential and exempt from public inspection and copying requirements information related to a voter registration applicant’s or voter’s prior felony conviction and whether such person has had his or her voting rights restored by the Board of Executive Clemency or pursuant to Art. VI, s. 4, State Constitution. The bill also ma[de] all information concerning 16 and 17-year-olds who preregister to vote confidential and exempt from public inspection and copying requirements until they reach the age of 18. The bill provide[d] that the exemptions are subject to the Open Government Sunset Review Act and stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature. It also provide[d] statements of public necessity as required by the State Constitution. Because the bill create[d] new public records exemptions, it required a two-thirds vote of the members present and voting in each house of the Legislature for final passage.” [Florida Senate, Accessed on 8/29/22; Florida Senate, H.B. 281]
- The Bill Established A Public Records Exemption For A Voter Registration Applicant’s Information Or A Voter’s Prior Felony Record And For Information On Pre-Registration Applications For 16- And 17-Year-Olds. According to the St. Augustine Record, “VOTER RECORDS: Creates a public records exemption for information related to a voter registration applicant’s or voter’s prior felony conviction and for information on preregistered voter registration applicants who are 16 or 17 years old. (HB 281)” [St. Augustine Record, 6/30/19]
2019: Ron DeSantis Signed Into Law Legislation That Restored The Voting Rights Of Certain Convicted Felons If They Completed Their Sentence. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7066, which “ma[de] substantive changes to the Florida Election Code and implement[ed] Amendment 4 to the Florida Constitution, which was approved by the voters of Florida on November 6, 2018, restoring the voting rights of certain convicted felons.” [Florida Senate, Accessed on 8/25/22; Florida Senate, S.B. 7066]
- The Bill Required Repayment Of Financial Obligations Before Felons’ Right To Vote Was Restored. According to the Tampa Bay Times, “Gov. Ron DeSantis said Tuesday he will sign a controversial measure that would require repayment of financial obligations before felons’ voting rights are restored.” [Tampa Bay Times, 5/8/19]
- The Bill Was Aimed To Carry Out A Constitutional Amendment That Was Passed By Florida Voters In 2018, Which Would Restore Voting Rights To Felons Who “Completed All Terms Of Their Sentence,” Excluding Felons Convicted Of Murder Or Sexual Offenses. According to the Tampa Bay Times, “The legislation (SB 7066) is aimed at carrying out a constitutional amendment that granted restoration of voting rights to felons ‘who have completed all terms of their sentence, including parole or probation.’ The proposal, which appeared on the November ballot as Amendment 4, excluded people ‘convicted of murder or a felony sexual offense.’” [Tampa Bay Times, 5/8/19]
- Democrats And Advocates Of The Constitutional Amendment Argued The Bill Was Too Restrictive And Effectively Established A Poll Tax. According to the Tampa Bay Times, “But Democrats and many other Amendment 4 supporters say the legislation is too restrictive and would block people from being able to vote, with some comparing the need to fully pay restitution to a poll tax.” [Tampa Bay Times, 5/8/19]
- Opponents Argued The Bill Established “Unjustifiable Barriers To Voting,” Including ACLU, Which Argued That The Bill Redirected The Right To Vote Based On The Felons Who Would Be Able To Afford To Pay The Restitution. According to the Tampa Bay Times, “Critics of the felons’ rights legislation contend it would create unjustifiable barriers to voting. ‘Politicians this session disregarded the will of over 5 million Florida voters who supported Amendment 4 when they passed legislation that restricts the right to vote based on who can afford to pay,’ said Kirk Bailey, political director of the American Civil Liberties Union of Florida who was on the call.” [Tampa Bay Times, 5/8/19]
¶ Energy And The Environment
2019: Ron DeSantis Signed Legislation Into Law That Removed The Scheduled Repeal Of Citizen Support Organizations Established Under The Department Of State, Department Of Environmental Protection And The Fish And Wildlife Conservation Commission, Including Friends Of The Florida State Forests, Forestry Arson Alert Association, Inc., Florida Agricultural Museum, Etc. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 1121, which “remove[d] the scheduled repeal of provisions governing citizen support organizations (CSOs) established under the Department of State, Department of Environmental Protection, and the Fish and Wildlife Conservation Commission, allowing the CSOs to continue operating and providing benefits to the respective departments. The bill repeal[d] s. 288.809, F.S., which created Florida Intergovernmental Relations Foundation, a direct support organization (DSO) under the Executive Office of the Governor. The bill extend[ed] the repeal date for the Florida Endowment for Vocational Rehabilitation, a DSO for the Division of Vocational Rehabilitation in the Department of Education, from October 1, 2019, to October 1, 2023. The bill remove[d] the scheduled repeal date of the law authorizing the Florida Department of Agriculture and Consumer Services to establish DSOs to provide assistance, funding, and support to assist the department in furthering its goals. These DSOs include[d]: Friends of the Florida State Forests; Forestry Arson Alert Association, Inc.; Florida Agricultural Museum; Florida Agriculture in the Classroom, Inc.; Florida Agriculture Center and Horse Park Authority; and Living Healthy in Florida, Inc.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 1121]
2019: Ron DeSantis Signed Into Law Legislation That Transferred Environmental Enforcement Duties From The Fish And Wildlife Conservation Commission To The Department Of Environmental Protection And Established The Department’s Division Of Law Enforcement. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 5401, which “[t]ransfer[red] specified powers & duties of FWCC relating to environmental crimes to Division of Law Enforcement within DEP; provide[d] for DEP & FWCC memorandum of agreement; provide[d] for reassignment of personnel & retention of benefits; establishe[d] Division of Law Enforcement within DEP; provide[d] specified authority to DEP & FWCC officers; provide[d] for deposit of proceeds in specified DEP trust funds; appoint[ed] DEP representative to Joint Task Force on State Agency Law Enforcement Communications; authorize[d] certain use of Inland Protection Trust Fund moneys; provide[d] penalties for false personation & unlawful use of badges & other symbols of DEP officers.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 5401]
- The Bill Transferred Enforcement Duties Of Environmental Crimes From The Florida Fish And Wildlife Conservation Commission To The Department Of Environmental Protection. According to TC Palm, “Gov. Ron DeSantis signed a bill Tuesday to move the enforcement of environmental crimes from the Florida Fish and Wildlife Conservation Commission to the Florida Department of Environmental Protection. DeSantis made the announcement during a news conference under the sea turtle pavilion at the Florida Oceanographic Society’s Coastal Center in Stuart. The bill moves 19 positions back to the DEP, which Gov. Rick Scott had transferred to the FWC in 2012.” [TC Palm, 6/25/19]
2020: Ron DeSantis Signed Legislation Into Law That Strengthened Enforcement Of Environmental Protections By Enhancing The Required Or Maximum Penalties For The Violation Of Environmental Laws And Encouraged Local Governments To Establish Evaluation And Rehabilitation Programs For Sanitary Sewer Laterals To Reduce Extraneous Flow. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1091, which “ma[de] numerous changes to the penalties for violating Florida’s environmental laws. The bill increase[d] required or maximum environmental penalties in various sections of the Florida Statutes. Most of these changes increase a penalty by 50 percent. The bill increase[d] the amount in administrative penalties that the Department of Environmental Protection may impose under ch. 403, F.S., in a notice of violation from $10,000 to $50,000. The bill change[d] the duration that several penalties may run, so that each day during any portion of which certain violations occur constitutes a separate offense. For administrative penalties imposed under ch. 403, F.S., the bill provide[d] that each day the cause of an unauthorized discharge of domestic wastewater is not addressed constitutes a separate offense. For civil penalties imposed under ch. 403, F.S., the bill provide[d] that, if a violation is an unauthorized discharge of domestic wastewater, each day the cause of the violation is not addressed constitutes a separate offense until the violation is resolved by order or judgement. The bill require[d] a seller of real property to disclose to a prospective purchaser, before executing a contract for sale, any defects in the property’s sanitary sewer lateral that are known to the seller. The bill also encourage[d] municipalities and counties to voluntarily establish within their respective jurisdictions an evaluation and rehabilitation program for sanitary sewer laterals on residential and commercial properties to identify and reduce extraneous flow from leaking sanitary sewer laterals. The bill sets out certain requirements for such programs.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 1091]
- The Bill Included A 100% Increase In Penalties For Sanitary Sewer Overflows And A 50% Increase For All Other Environmental Penalties, And Permitted A Daily Fine Until Environmental Issues Are Solved Or A Consent Order Is Instituted. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed House Bill (HB) 1091, sponsored by Rep. Randy Fine and Sen. Joe Gruters. HB 1091 passed unanimously during the 2020 Legislative Session. HB 1091 includes a 100 percent increase in penalties for sanitary sewer overflows (SSO) and an across-the-board 50 percent increase for all other environmental fines. It also allows for a daily fine until the issue is remediated or there is a consent order in place that addresses the violation. Currently, fines may be forced to stop before any legal remedy is found.” [Press Release - Governor Ron DeSantis, 6/30/20]
¶ Construction Materials Mining Activities And Blasts
2020: Ron DeSantis Signed Legislation Into Law That Provided At Least $2.4 Million To Establish A Pilot Program In The Division Of The State Fire Marshal To Contract With Seismologists To Monitor And Report Each Blast Derived From Construction Materials Mining Activities In Miami-Dade County. In September 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1047, which “create[d] a pilot program in the Division of the State Fire Marshal (Division) within the Department of Financial Services for the monitoring and reporting of each blast resulting from the use of explosives for construction materials mining activities in Miami-Dade County. The bill require[d] the State Fire Marshal to post the report on the Division’s website and to adopt rules to implement and enforce the act. The bill require[d] the State Fire Marshal to hire or contract with seismologists to monitor and report, at minimum, the ground vibration, frequency, intensity, air blast, and time and date of the blast. The bill prohibit[ed] the seismologists from certain conflicts of interest or dishonest practices. The bill require[d] a person who engages in construction materials mining activities to provide written notice to the State Fire Marshal of the use of an explosive for such activities in Miami-Dade County before the detonation of the explosive. The bill appropriate[d], for Fiscal Year 2020-2021, a recurring sum of $600,000 and a nonrecurring sum of $440,000 from the General Revenue Fund, and a nonrecurring sum of $1,000,000 from the Insurance Regulatory Trust Fund to the Division for the purpose of implementing the pilot program created under the bill.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 1047]
¶ Perfluoroalkyl And Polyfluoroalkyl Substances (PFAS)
2022: Ron DeSantis Signed Into Law Legislation That Required The Florida Department Of Environmental Protection To Adopt Statewide Rules For Cleanup Target Levels For Perfluoroalkyl And Polyfluoroalkyl Substance In Drinking Water, Groundwater And Soil By 2025 And Enact Such Rules After Ratification By The Legislature. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1475, which “[r]equire[d] DEP to adopt statewide rules for cleanup target levels for perfluoroalkyl & polyfluoroalkyl substances in drinking water, groundwater, & soil under specified condition; require[d] legislative ratification of such rules; provide[d] circumstances under which certain governmental entities & water suppliers are not subject to certain actions; provide[d] for tolling of certain statutes of limitations.” [Florida Senate, Accessed on 10/27/22; Florida Senate, H.B. 1475]
- The Bill Directed The Florida Department Of Environmental Protection To Adopt Rules To Clean Up Perfluoroalkyl And Polyfluoroalkyl Substances Across The State, Which Were Once Used Every Day In Firefighting Foams And Non-Stick Pans. According to Florida Politics, “Florida is beginning to tackle the cleanup of a family of once-everyday chemical substances about which federal regulators sounded the alarm last week. Gov. Ron DeSantis on Monday signed legislation (HB 1475) that asks the Department of Environmental Protection (DEP) to immediately begin to adopt statewide rules to clean up perfluoroalkyl and polyfluoroalkyl substances. The compounds with a mouthful of a name, commonly shortened to PFAS, were once used in firefighting foams to nonstick frying pans. Now, environmental and health studies say they’re far more dangerous than thought as recently as 2016.” [Florida Politics, 6/21/22]
- The Bill Instructed The Department To Adopt, Pending Legislative Approval, Statewide Cleanup Levels Regulations For Perfluoroalkyl And Polyfluoroalkyl Substances In Drinking Water, Groundwater And Soil By 2025. According to Florida Politics, “Florida’s legislation, filed by Dover Republican Rep. Lawrence McClure, requires DEP to adopt statewide cleanup levels for PFAS in drinking water, groundwater and soil by 2025. Those rules would have to go through the Legislature for ratification.” [Florida Politics, 6/21/22]
¶ Petroleum And Oil
2020: Ron DeSantis Signed Legislation Into Law That Authorized The Department Of Environmental Protection To Use Certain Funds To Repair Or Replace Petroleum Storage Systems Due To The Damages Caused By Ethanol Or Biodiesel. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 702, which “[a]uthoriz[ed] the Department of Environmental Protection to use funds from the Inland Protection Trust Fund to pay for specified activities related to removal and replacement of petroleum storage systems; provid[ed] for petroleum storage system repair or replacement due to damage caused by ethanol or biodiesel and for preventive measures to reduce the potential for such damage; revis[ed] the contents of an advanced cleanup application to include a specified property owner or responsible party agreement, etc.” [Florida Senate, Accessed on 9/14/22; Florida Senate, S.B. 702]
2021: Ron DeSantis Signed Legislation Into Law That Established State Preemption Over Gas Stations And Transportation Infrastructure And Prohibited Local Governments From Regulating Or Prohibiting The Development Of Fuel Retailers And Necessary Related Transportation Infrastructure. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 839, which “expressly preempt[ed] a municipality, county, special district, or political subdivision from adopting a law, an ordinance, a regulation, a policy, or a resolution that: Prohibits the siting, development, or redevelopment of a fuel retailer or its necessary related transportation infrastructure; Results in a de facto prohibition on a fuel retailer or its necessary related transportation infrastructure; Requires a fuel retailer to install or invest in a particular kind of fuel infrastructure. The bill [did] not preempt any such action which is consistent with zoning, land use, and other allowable uses and general law, as long as it does not result in a de facto prohibition of fuel retailers or related transportation infrastructure. Definitions for the terms ‘fuel retailer,’ and ‘related transportation energy infrastructure’ are provided for in the bill.” [Florida Senate, Accessed on 10/4/22; Florida Senate, H.B. 839]
- The Bill Prohibited Local Governments From Regulating And Prohibiting Certain Aspects Of “Energy Infrastructure.” According to Florida Politics, “Local governments would be prohibited from regulating and banning certain aspects of ‘energy infrastructure’ under a bill approved Wednesday by the House. The House passed the bill (HB 839) 79-38. Republican Rep. Tom Fabricio is the bill sponsor. ‘This is a critical issue because we need to keep our Florida economy strong,’ Fabricio said.” [Florida Politics, 4/21/21]
- The Bill Banned Local Governments From Making Gas Stations Illegal As A Way To Steer Towards Clean Energy And Barred Local Governments From Mandating Gas Stations To Include Electric Vehicle Charging Stations. According to Florida Politics, “Among other provisions, the bill would bar local governments from outlawing gas stations as a pathway way toward clean energy. It would also prohibit a local government from requiring a gas station to include electric vehicle charging stations.” [Florida Politics, 4/21/21]
- Democrats Noted That Local Governments Were Leading On State Climate Change And Clean Energy Efforts, So The Bill Would Encroach On Local Governments. According to Florida Politics, “Despite the changes, Democrats remain largely opposed to the bill. They note local governments have led on state climate change and clean energy for years and contend they should continue to do so. This bill actually takes us backward,’ Democratic Rep. Omari Hardy said. Democratic Rep. Anna Eskamani lamented the bill is an encroachment on local communities.” [Florida Politics, 4/21/21]
2019: Ron DeSantis Vetoed Legislation That Would Have Prohibited Local Governments From Regulating Or Banning Single-Use Plastic Straws. In May 2019, according to the Florida Senate, Ron DeSantis vetoed House Bill 771, which would have “[r]equir[ed] counties & municipalities to address contamination of recyclable material in specified contracts; prohibit[ed] counties & municipalities from requiring collection or transport of contaminated recyclable material by residential recycling collectors; specifie[d] required contract provisions; prohibit[ed] local governments from requiring certain project verification from DEP; revise[d] types of dock & pier replacements & repairs that are exempt from verification & certain permitting requirements; prohibit[ed] local government entities from adopting or enforcing ordinances & regulations relating to single-use plastic straws; provide[d] for lift of moratorium.” [Florida Senate, Accessed on 9/12/22; Florida Senate, H.B. 771]
- The Bill Would Have Required The Florida Department Of Environmental Protection To Study Each Plastic Straw Ordinance And Regulation Implemented By Municipalities And The Studies Would Then Be Forwarded To The Senate President And House Speaker. According to the Tampa Bay Times, “Under the bill, a study of ‘each ordinance or regulation adopted’ by local governments related to single-use plastic straws would have to be conducted by the Department of Environmental Protection and then submitted to Senate President Bill Galvano, R-Bradenton, and House Speaker José Oliva, R-Miami Lakes.” [Tampa Bay Times, 5/10/19]
- The Veto Upheld A Plastic Straw And Styrofoam Ban Enacted By St. Petersburg’s City Council. According to the Tampa Bay Times, “The veto upholds a ban approved by St. Petersburg’s City Council late last year on single-use plastic straws as well as expanded polystyrene, more commonly known by its brand name Styrofoam. St. Petersburg Mayor Rick Kriseman, a critic of the Legislature’s habit of limiting the powers of local governments and an ardent supporter of the straw ban, applauded the veto.” [Tampa Bay Times, 5/10/19]
2022: Ron DeSantis Vetoed Legislation That Would Have Required The Public Service Commission To Revise Rules On Net Metering Of Renewable Generation, Reduced The Billing Credits Provided To Solar Customers That Engage In Net Metering, And Allowed Electric Utilities To Impose Additional Fees On Solar Customers To Recover Lost Revenue Resulting From Serving Solar Customers. In April 2022, according to the Florida Senate, Ron DeSantis vetoed House Bill 741, which would have “[p]rovide[d] terms for public utility net metering programs after specified date; provide[d] schedule of reductions to net metering rate designs that apply to customers with net metering applications that are approved after specified dates; authorize[d] certain customers who own or lease renewable generation to remain under net metering rules that initially applied to those customers for specified time; authorize[d] public utilities to petition for approval of certain fixed charges designed to meet specified purposes; provide[d] conditions under which rules must be initiated if penetration rate of customer-owned or leased renewable generation meets specified threshold; authorize[d] public utilities to recover specified lost revenues upon meeting certain requirements.” [Florida Senate, Accessed on 10/12/22; Florida Senate, H.B. 741]
2019: Ron DeSantis Signed Into Law Legislation That Required Each Public Utility To File A Storm Protection Plan That Planned For The Next 10 Years With Explanations As To How The Utility Would Decrease Restoration Costs And Outage Times During Extreme Weather And Enhance Grid Reliability. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 796, which “require[d] each public utility to file, pursuant to Florida Public Service Commission (commission) rule, a transmission and distribution storm protection plan that covers the immediate 10-year planning period. Each plan must explain the systematic approach the utility will follow to achieve the objectives of reducing restoration costs and outage times associated with extreme weather events and enhancing reliability. The commission is required to adopt rules to specify the elements that must be included in a utility's filing.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 796]
- The Bill Included Plans To Establish Power Lines Underground, A Pricey Process Unknown To Make A Significant Improvement On The Power Grid Yet Allow Private Utilities To Build Infrastructure And Profit From The Improvements By Charging Higher Customer Rates. According to the Miami Herald via Tampa Bay Times, “House Bill 797 and Senate Bill 796 include plans to bring power lines underground, an expensive process that may or may not deliver significant improvement in the grid. Instead, they provide an opportunity for investor-owned utilities to build infrastructure and profit from the capital improvements — charges that will show up on customer utility bills.” [Miami Herald Via Tampa Bay Times, 4/11/19]
- According To A 2017 Report From The University Of Florida’s Director Of Energy Studies, Burying Power Lines Underground Was Expensive, Required The Involvement Of Several Stakeholder And May Not Solve The Issue, While Flooding And Uprooted Trees Could Potentially Damage The Underground Power Lines. According to the Miami Herald via Tampa Bay Times, “The legislation may result in higher bills for customers, whether power lines go underground in their neighborhoods or not. According to a 2017 article by the University of Florida’s Director of Energy Studies, burying power lines ‘is expensive, requires the involvement of many stakeholders and might not solve the problem at all.’ It also points out that flooding, storm surge and uprooted trees could harm underground lines.” [Miami Herald Via Tampa Bay Times, 4/11/19]
- The Bill Created A Separate Charge For Undergrounding Power Lines, Which Would Allow Utilities To Make A Profit. According to the Miami Herald via Tampa Bay Times, “These new bills create a separate charge for the undergrounding projects, which means the companies can get a guaranteed return — a profit — on what it spends to bury power lines and complete other hardening projects.” [Miami Herald Via Tampa Bay Times, 4/11/19]
- Critics Argued The Bill Gave Utilities The Green Light To Build As Many Projects As They Want Due To Language That Requires Projects To Be Built “In The Public Interest.” According to the Miami Herald via Tampa Bay Times, “The bill language says the projects must be built ‘in the public interest,’ which critics say gives the utilities a rubber stamp to build as much as they want. In order for the Public Service Commission to deny a project, they would have to deem it fraudulent or illegal, or not ‘in the public interest.’” [Miami Herald Via Tampa Bay Times, 4/11/19]
- AARP Opposed The Bill Because Of The Expected Cost Increases, And They Argued The Bill’s Preparedness For Storms Could Have Been Achieved Without Modifying The Base Rate, Which Allowed Investor-Owned Utilities To Profit Off Of Undergrounding Power Lines. According to the Miami Herald via Tampa Bay Times, “AARP opposes the underground lines bill because of the expected cost increase. It said everything that the bill requires in terms of hardening can be achieved without changing the base rate, which would affect the fixed-income seniors it represents. ‘The only thing that will change [in this bill] will be the profits received by the investor-owned utility’s undergrounding actions,’ AARP lobbyist Zayne Smith said. ‘We think it’s a good bill in theory.’” [Miami Herald Via Tampa Bay Times, 4/11/19]
- The Bill Required Investor-Owned Utilities To Provide Storm Protection Plans, But Also Facilitated The Utilities’ Ability To Charge Ratepayers To Bury Power Lines Underground. According to the Utility Dive, “Republican Florida Gov. Ron DeSantis on Thursday signed Senate Bill 796 requiring the state’s investor-owned utilities to file storm protection plans while also making it easier for them to charge ratepayers to bury power lines.” [Utility Dive, 6/28/19]
- In An Effort To Strengthen The Power Grid Amidst Large Hurricanes, The Bill Required The Storm Protection Plans To Plan 10 Years Into The Future And Required An Update Every Three Years. According to the Utility Dive, “The state has been working to strengthen its grid in the wake of large hurricanes that have left millions without power in recent years. The new law requires plans that look 10 years into the future and are updated every three years.” [Utility Dive, 6/28/19]
2019: Ron DeSantis Signed Into Law Legislation That Established A Public Records Exemption For Portions Of Meetings Held By Local Government Utilities In Which Certain Exempt Information Over Technology Systems Was Disclosed. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 327, which “current law provides a public record exemption for the following information held by a utility owned or operated by a unit of local government (‘local government utility’): Information related to the security of a local government utility's technology, processes, and practices designed to protect the utility’s networks, computers, programs, and data from attack, damage, or unauthorized access that, if disclosed, would facilitate the alteration, disclosure, or destruction of the data or information technology resources; and Information related to the security of a local government utility’s existing or proposed information technology systems or industrial control technology systems that, if disclosed, would facilitate unauthorized access to, and alteration or destruction of, the systems in a manner that would adversely impact the safe and reliable operations of the systems and the utility. The bill create[d] a public meeting exemption for that portion of a meeting held by a local government utility that would reveal the above information. The bill require[d] that all portions of a local government utility meeting exempted by the bill be recorded and transcribed. These recordings and transcripts are exempt from disclosure as public records except to the extent that any portion of the recording or transcript is determined by a court of competent jurisdiction, after an in camera review, to reveal nonexempt data.” [Florida Senate, Accessed on 8/29/22; Florida Senate, H.B. 327]
2021: Ron DeSantis Signed Into Law Legislation That Established State Preemption Over The Regulation Of Fuel Types Used By Utilities, Nullified Local Regulations That Were In Place Before July 2021, And Prohibited Local Governments From Controlling The Fuel Sources Used By Utilities In Their Jurisdictions. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 919, which “prohibit[ed] municipalities, counties, special districts, or other political subdivisions from enacting or enforcing a resolution, ordinance, rule, code, or policy that restricts or prohibits, or has the effect of restricting or prohibiting the types or the fuel sources of energy production used, delivered, converted, or supplied to customers by: Public or electric utilities; Entities created pursuant to an interlocal agreement that generate, sell, or transmit electrical energy; Natural gas utilities or transmission companies; or Liquid petroleum gas dealers, dispensers, or cylinder exchange operators. The bill expressly state[d] that a municipality’s board or a governmental entity is not prevented from passing rules, regulations, or policies governing an electric or natural gas utility that it owns or operates and directly controls. The bill further state[d] that it does not expand or alter the jurisdiction of the Public Service Commission over public or electric utilities. The bill void[ed] any charter, resolution, ordinance, rule, code, policy, or action by any municipality, county, special district, or political subdivision, existing on or before the bill’s effective date, which is preempted by this bill.” [Florida Senate, Accessed on 10/4/22; Florida Senate, H.B. 919]
- The Bill Preempted Local Governments From Restricting Types Of Energy, Especially Natural Gas, And Prohibited Localities From Implementing Or Enforcing Policies That Restrict Or Ban Fuel Source Types. According to Florida Politics, “A bill designed to preempt cities or counties from restricting which forms of energy can be offered, particularly natural gas, cleared the Senate Monday. The Senate approved the House version of the legislation (HB 919) in a 27-13 vote. Palm Coast Republican Sen. Travis Hutson, who sponsored the Senate bill (SB 1128), presented the legislation to the Senate. The bill would prohibit a local government from enacting or enforcing any policy that restricts or prohibits the types of fuel sources.” [Florida Politics, 4/26/21]
- Environmental Advocates And Democrats Opposed The Bill, Arguing It Harmed Local Governments That Sought To Further Clean Energy Goals, Like Energy Efficiency. According to Florida Politics, “But opponents of the legislation, including Democrats and environmental advocates, say it hurts local governments seeking to advance clean energy goals. Sen. Perry Thurston, a Broward County Democrat, spoke against the bill during its final hearing Monday. ‘Just what is wrong with the municipality saying, ‘we want to strive for something that’s positive,’ or ‘we would like to accomplish a certain energy efficiency,’ or ‘we want to do better?’’ Thurston said. ‘This bill is saying that we’re gonna have a problem if someone in 30 years says they want to have some type of resolution that might preserve the country for the next generation.’” [Florida Politics, 4/26/21]
- Florida Conservation Voters Argued The Bill Was A “Disaster For The Millions Of Floridians Who Want To Address The Climate Emergency” And That The Bill Would “Punish” Local Governments By Eliminating Local Communities From The Decision-Making Process Relating To Energy. According to Florida Politics, “The environmental group Florida Conservation Voters issued a statement on the passage of the bill, scrutinizing the legislation. ‘The passage of SB 1128 and HB 919 is a disaster for the millions of Floridians who want to address the climate emergency,’ said Jonathan Webber, deputy director of FCV, in a statement. ‘Due to the continued failure of legislative leadership to reduce greenhouse gas emissions, local governments across Florida have stepped up to fill the void.’ ‘This legislation will punish that local leadership by removing local people from all decisions related to our energy future and puts even more control in the hands of the Florida Legislature. We strongly urge Gov. DeSantis to veto these bills as this legislation will call into question all of the gains made this Session related to sea level rise and climate resiliency.’” [Florida Politics, 4/26/21]
- Regardless Of The Environmental Impact, The Bill Prohibited Local Governments From Stopping Utility Companies From Using Certain Types Of Energy Or Controlling What Types Of Energy Must Be Used To Supply Electricity To Customers. According to WFLA News Channel 8, “Local governments in Florida will not be allowed to stop utility companies from using certain fuels to get power to their customers, no matter what the environmental impact could be, under a new law signed by Florida Gov. Ron DeSantis. The governor signed HB 919 into law on June 21. Specifically, it stops city or county governments from putting rules in place that control what types of energy are used by power companies to supply their customers with electricity.” [WFLA News Channel 8, 6/22/21]
- The Bill Voided Local Regulations That Were Implemented Before July 2021 That Restricted Fuel Sources For Utilities, Including Any Regulations That Florida Residents Voted For. According to WFLA News Channel 8, “The two-page law explicitly ‘voids’ any ‘resolution, ordinance, rule, code, policy, or action’ from before July 1, 2021 that placed restrictions on fuel types for utility companies. For Florida’s cities and counties, it simply erases any rules that were already in place before July 1, even the ones that Florida residents supported or voted for.” [WFLA News Channel 8, 6/22/21]
- The Bill Did Not Prevent Local Governments That Owned Or Operated Their Own Utility From Making Their Own Regulations And Policies. According to WFLA News Channel 8, “The law explicitly says it does not prevent boards of a municipality or other governmental entities that own or operate or directly control a utility from passing their own regulations or governing policies.” [WFLA News Channel 8, 6/22/21]
- The Bill Prevented Local Governments From Self-Governing The Utilities In Their Area, Giving The Power To Restrict Fuel To The State Government Alone. According to WFLA News Channel 8, “Basically, the new law not only removes any restrictions already put in place by a local authority, but prevents them from self-governing their own area’s utilities, placing that power solely in the hands of the state government as it pertains to fuel restrictions.” [WFLA News Channel 8, 6/22/21]
- The Critics Argued The Bill Allowed The State’s Power Companies To Focus On Their Profits And Less On Their Consumers’ Needs Or Environmental Risks Posed By Non-Renewable Energy While Eliminating The Voices Of Local Communities. According to WFLA News Channel 8, “Critics of HB 919 are concerned that the new law will allow the state’s power companies to focus more on profit and less on the needs of their consumers or environmental dangers posed by non-renewable fuels, while ‘removing the voices of Florida’s communities.’” [WFLA News Channel 8, 6/22/21]
2021: Ron DeSantis Signed Legislation Into Law That Established A Public Meeting And Public Records Exemption For Portion Of Public Service Commission’s Hearings In Which Confidential Business Information Was Discussed. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1311, which “create[d] a public meeting and a public record exemption under s. 350.01, F.S., relating to the Florida Public Service Commission (PSC). Under the bill, portions of a PSC hearing discussing proprietary confidential business information that is confidential or exempt from public record requirements are made exempt from public meeting requirements. The bill provide[d] that the entire hearing, including exempt portions must on the record, recorded, and transcribed. The bill also create[d] a public record exemption for the recordings and transcripts. The recordings and transcripts are confidential and exempt from disclosure unless a court of competent jurisdiction, after an in camera review, determines that such portions of the hearing were not restricted to discussion of proprietary confidential business information, under ss. 364.183, 366.093, 367.156, and 368.108, F.S. If such a judicial determination is made, only the portion of the recording and transcript which reveals nonexempt information may be disclosed to a third party.” [Florida Senate, Accessed on 10/6/22; Florida Senate, H.B. 1311]
- The Bill Created A Public Records Exemption For The Public Service Commission’s Meetings In Which Confidential Business Information Was Disclosed In The Interest Of Permitting Companies To “Fairly Compete Within The Market,” But The Florida First Amendment Foundation Argued That Since Utilities Were Regulated Monopolies, There Is Not A Competitive Marketplace. According to the Florida Phoenix, “The good news, according to the Florida First Amendment Foundation, is that the Legislature this year repealed a state law that allows state agencies to sue people making public-records demands. […] The foundation is an organ of the Florida Press Association, the Florida Society of News Editors, and the Florida Association of Broadcasters intended ‘to ensure that public commitment and progress in the areas of free speech, free press, and open government do not become checked and diluted during Florida’s changing times.’ By the foundation’s count, the Legislature approved 14 new exemptions and renewed eight. Among exemptions the foundation decried are House Bill 1311, which closes Public Service Commission meetings in which confidential business information is discussed in the interest of allowing companies ‘to fairly compete within the marketplace.’ However, the foundation notes: ‘Utilities in Florida are regulated monopolies — there is no competitive marketplace. This argument is meritless.’” [Florida Phoenix, 5/25/21]
¶ Sea And The Coast
2020: Ron DeSantis Signed Legislation Into Law That Designated The Coastal Region Of Citrus, Hernando And Pasco Counties As An Aquatic Preserve System To Ensure The Area Was Preserved In Its Natural Condition. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1061, which “designate[d] the coastal region of Citrus, Hernando, and Pasco counties as an aquatic preserve system under the Florida Aquatic Preserve Act of 1975 and names it the ‘Nature Coast Aquatic Preserve.’ The bill also designates the region as an Outstanding Florida Water. The bill include[d] legislative intent that the area ‘be preserved in an essentially natural condition so that its biological and aesthetic values may endure for the enjoyment of future generations.’” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 1061]
2019: Ron DeSantis Signed Into Law Legislation That Established The Florida Red Tide Mitigation And Technology Development Initiative To Develop Technologies And Methods To Mitigate Red Tide Impacts. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1552, which “establishe[d] the Florida Red Tide Mitigation and Technology Development Initiative as a partnership between the Fish and Wildlife Conservation Commission’s Fish and Wildlife Research Institute and Mote Marine Laboratory. The purpose of the initiative is to develop technologies and approaches needed to address the control and mitigation of red tide and its impacts. The bill requires funds specifically appropriated by the Legislature for the initiative to be awarded by the Fish and Wildlife Research Institute to Mote Marine Laboratory to achieve the goals of the initiative. The bill establishe[d] within the initiative the Initiative Technology Advisory Council.” [Florida Senate, Accessed on 8/23/22; Florida Senate, S.B. 1552]
- The Bill Provided $3 Million Annually Through FY 2025 To The Fish And Wildlife Conservation Commission To Implement The Initiative And Comply With The Reporting Requirements. According to the Florida Senate, “The bill provides for an annual appropriation of $3 million beginning in the 2019-2020 fiscal year and going through the 2024-2025 fiscal year, from the General Revenue Fund to the Fish and Wildlife Conservation Commission for the purpose of implementing the bill.” [Florida Senate, Accessed on 8/23/22]
- Red Tide Are Harmful Algal Blooms That Form When Algae Reproduces Beyond Normal Levels In A Specific Geographic Area Which Then Smother Other Marine Life Or Block The Sun, Produce Harmful Toxins And Deplete Oxygen Levels. According to the Florida Senate, “Algae is a diverse group of plant-like organisms that produce oxygen and form the base of aquatic food webs, and they range from microscopic, single-celled organisms to large seaweeds.1 When algae reproduce or accumulate far beyond their normal levels for a specific geographic area it is known as a bloom.2 When blooms occur they can have harmful effects such as smothering other marine life or blocking the sun, producing dangerous toxins, and depleting oxygen levels as the algae decays.3 These events are known as harmful algal blooms. 4 In the waters around Florida, particularly in the Gulf of Mexico, such high concentrations of algae occur that the water turns red or brown.5 These harmful algal blooms are known as ‘red tide,’ and have been observed for centuries.6 In the Gulf of Mexico and around Florida, the species that causes most red tide is Karenia brevis (K. brevis).7” [Florida Senate, 4/17/22]
2020: Ron DeSantis Signed Into Law Legislation That Required Sea-Level Impact Projection (SLIP) Studies Before State-Funded Coastal Projects Begin Construction. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 178, which “require[d] a public entity that commissions or manages a construction project within the coastal building zone, using funds appropriated from the state, to conduct a sea level impact projection (SLIP) study prior to commencing construction. The Department of Environmental Protection (DEP) must establish, by rule, standards for the SLIP studies. The standards must include certain requirements specified in the bill for how the studies will be conducted and the information they must contain. The bill’s requirement to conduct a SLIP study prior to commencing construction is effective one year after DEP’s rule is finalized, and this requirement only applies to projects that commence after the rule is finalized. SLIP studies must be conducted, submitted to DEP, and published on DEP’s website for 30 days before construction can commence. DEP must publish and maintain a copy of all SLIP studies on its website for 10 years after receipt. The bill require[d] DEP to adopt rules as necessary to administer the section and authorizes DEP to enforce the requirements of the section. The bill authorize[d] DEP to bring a civil action to seek injunctive relief to cease construction, enforce the section or rules adopted pursuant thereto, or seek recovery of state funds expended on a coastal structure, if construction commences without complying with the section. The bill state[d] that the section may not be construed to create a cause of action for damages or otherwise authorize the imposition of penalties by a public entity for failure to implement what is contained in a SLIP study.” [Florida Senate, Accessed on 9/13/22; Florida Senate, S.B. 178]
- The Legislation Required Publicly-Funding Coastal Project Contractors To Analyze Coastal Environmental Effects Before The Commencement Of Construction. According to Florida Politics, “Gov. Ron DeSantis signed off on legislation requiring publicly-funded coastal project contractors to study nearby environmental effects before building can begin. Democratic Sen. José Javier Rodríguez backed the bill (SB 178) while Republican Rep. Vance Aloupis supported the House version (HB 579). Both lawmakers represent portions of Miami-Dade County.” [Florida Politics, 6/30/20]
- The Bill Directed The Department Of Environmental Protection To Develop Standards For The Sea-Level Impact Projection Study And Such Studies Would Become A Requirement One Year After The Department’s Rule Is Established And Would Only Apply To New Coastal Projects. According to Florida Politics, “The law does not take effect immediately. Rather, it tasks the Department of Environmental Protection (DEP) with developing the standard for the newly-required sea level impact projection (SLIP) study. Those studies will then be mandated one year after that DEP rule is finalized. The requirement will only apply to new projects.” [Florida Politics, 6/30/20]
- The Sea-Level Impact Projection Study Would Factor “Flooding, Inundation, And Wave Action Damage Risks” To The Coastal Infrastructure Over The Next Fifty Years. According to Florida Politics, “The study will factor in ‘the flooding, inundation, and wave action damage risks relating to the coastal structure over its expected life or 50 years, whichever is less,’ according to the bill’s language.” [Florida Politics, 6/30/20]
- While The Assessment Would Provide Evidence Of Risks Posed To The Coastal Structure, The Bill Did Not Create A Cause Of Action For Damages Or Allow Penalties By A Public Entity For Failing To Implement The Study’s Findings. According to Florida Politics, “That assessment must ‘provide scientific and engineering evidence of the risk to the coastal structure and methods used to mitigate, adapt to, or reduce this risk.’ However, the measure does not ‘create a cause of action for damages or otherwise authorize the imposition of penalties by a public entity for failure to implement what is contained in the SLIP study.’” [Florida Politics, 6/30/20]
- The Sea-Level Impact Projection Studies Were Required To Be Posted On The Department Of Environmental Protection’s Website For A Minimum Of 30 Days Before The Construction Were To Commence. According to Florida Politics, “The study’s results must be published to the DEP’s website for at least 30 days before construction can begin.” [Florida Politics, 6/30/20]
2020: Ron DeSantis Signed Into Law The Kristin Jacobs Ocean Conservation Act, Which Banned The Import, Export And Sale Of Shark Fins In Florida, With Commercial Exceptions, And Required The Fish And Wildlife Commission To Study The Potential Economic Impacts To The Commercial Shark Fishing Industry If The State Were To Fully Ban The Import, Export And Sale Of Shark Fins. In September 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 675, which was “named the ‘Kristin Jacobs Ocean Conservation Act.’ The bill prohibit[ed] the import, export, and sale of shark fins in the State of Florida with certain exceptions including: The sale of shark fins by any commercial fisherman who harvested sharks from a vessel holding a valid federal shark fishing permit on January 1, 2020; The export and sale of shark fins by any wholesale dealer holding a valid federal Atlantic shark dealer permit on January 1, 2020; and The export and sale of domestically sourced shark fins by any shark fin processor that obtains fins from a wholesale dealer holding a valid federal Atlantic shark dealer permit on January 1, 2020. The bill require[d] the Fish and Wildlife Conservation Commission (FWC) to evaluate the potential economic impact to the commercial shark fishing industry associated with prohibition of the import, export, and sale of shark fins in Florida, and report its findings to the Governor, President of the Senate, and Speaker of the House of Representatives by December 31, 2021. In conducting the study, FWC shall include: Recommendations on how to lessen or offset impacts on the commercial shark fishing industry to the extent practicable if any negative economic impacts are identified; The potential impact on shark populations associated with the prohibition of the import, export, and sale of shark fins in Florida; and Any other information FWC believes is relevant to the management of shark fisheries. The bill states that, upon receipt of the report, the Legislature may impose a ban on the domestic production of shark fins.” [Florida Senate, Accessed on 9/14/22; Florida Senate, S.B. 680]
¶ Statewide Flooding and Sea Level Rise Resilience
2021: Ron DeSantis Signed Into Law Legislation That Created The Resilient Florida Grant Program For Community Resilience Planning, Required The Department Of Environmental Protection To Complete A Statewide Flood Vulnerability And Sea Level Rise Data Set And Assessment, And Required The Development Of An Annual Statewide Flooding And Sea Level Rise Resilience Plan. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1954, which “[e]stablish[ed] the Resilient Florida Grant Program within the Department of Environmental Protection; requir[ed] the department to complete a comprehensive statewide flood vulnerability and sea level rise data set and assessment by specified dates; requir[ed] the department to develop an annual Statewide Flooding and Sea Level Rise Resilience Plan and submit the plan to the Governor and Legislature by a specified date; requir[ed] the department to implement a scoring system for assessing projects eligible for inclusion in the plan, etc.” [Florida Senate, Accessed on 10/7/22; Florida Senate, S.B. 1954]
- The Bill Ensured A “Coordinated Approach To Florida’s Coastal And Inland Resiliency” By Establishing A New Program That Enhanced Efforts To Preserve Inland Waterways, Coastlines, Shores And Coral Reefs Against Sea Level Rises. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed into law Senate Bill 1954. This comprehensive legislation will ensure a coordinated approach to Florida’s coastal and inland resiliency. The new program will enhance our efforts to protect our inland waterways, coastlines, shores and coral reefs, which serve as invaluable natural defenses against sea level rise.” [Press Release - Governor Ron DeSantis, 5/12/21]
- The Bill Invested Over $640 Million To Deal With Sea Level Rise, Storm And Flooding Impacts, Including $12.5 Million For Resilience Projects And Protection Of Coral Reefs, $29 Million For The Resilient Florida Grant Program’s Planning Efforts, $500 Million In Federal Funds For The Statewide Flooding And Sea Level Rise Resilience Plan, And $100 Million For Resilient Florida Grant Program Partnership Projects. According to Press Release - Governor Ron DeSantis, “Additionally, this bill and the 2021-2022 budget are part of the largest investment in the state’s history – over $640 million – to support efforts to ensure state and local communities are prepared to deal with the impacts of sea level rise, intensified storms and flooding. $12.5 million for the Resilient Coastlines Initiative for resilience projects and coral reef protection. $29 million for establishment and planning efforts of the Resilient Florida Grant Program. $500 million in federal funding for implementation of statewide resilience projects through the Statewide Flooding and Sea Level Rise Resilience Plan. $100 million for Resilient Florida Grant Program projects in partnership with local communities, beginning in 2022.” [Press Release - Governor Ron DeSantis, 5/12/21]
- The Bill Required For The First Time The “Development Of The Comprehensive Statewide Flood Vulnerability And Sea Level Rise Data Set” And Facilitated The “Development Of Statewide Sea Level Rise Projections To Determine Inland And Coastal Community Risks. According to Press Release - Governor Ron DeSantis, “For the first time ever, Senate Bill 1954 requires the development of the Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set, led by the Chief Science Officer. Additionally, it facilitates the development of statewide sea level rise projections and other data necessary to determine the risks to inland and coastal communities. The data set is to be completed by July 1, 2022, and the Comprehensive Statewide Flood Vulnerability and Sea Level Rise Assessment is to be completed by July 1, 2023. The Statewide Flooding and Sea Level Rise Resilience Plan is to be submitted by Dec. 1, 2023.” [Press Release - Governor Ron DeSantis, 5/12/21]
- The Bill Allowed Local Governments To Develop “Regional Resilience Coalitions” To Permit Communities To Collaborate In Resilience Planning Efforts And Technical Aid, And Created The Florida Food Hub For Applied Research And Innovation At The University Of South Florida For Coordination Efforts Amongst Institutions. According to Press Release - Governor Ron DeSantis, “This bill authorizes local governments to develop Regional Resilience Coalitions to allow communities to join in resilience planning efforts and share technical assistance. It also creates the Florida Flood Hub for Applied Research and Innovation at the University of South Florida to coordinate efforts between the academic and research institutions of Florida.” [Press Release - Governor Ron DeSantis, 5/12/21]
2022: Ron DeSantis Signed Into Law Legislation That Established The Statewide Office Of Resilience Within The Governor’s Office, Required An Environmental Report Regarding Flood Resilience And Mitigation Efforts, And Required a Transportation Department Resilience Action Plan For The Highway System. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 7053, which “[e]stablishe[d] Statewide Office of Resilience within EOG; provide[d] for appointment of Chief Resilience Officer; require[d] DEP to submit report to Governor & Legislature; require[d] DOT to develop resilience action plan for State Highway System & submit plan & reports to Governor & Legislature; revise[d] projects DEP may fund within Resilient Florida Grant Program; revise[d] vulnerability assessment requirements for noncoastal communities; extend[ed] dates by which DEP must complete comprehensive statewide flood vulnerability & sea level rise data set & assessment; require[d] projects to be ranked in Statewide Flood & Sea Level Rise Resilience Plan; require[d] Florida Flood Hub for Applied Research & Innovation to provide tidal & storm surge flooding data to certain entities; revise[d] requirements for copies of evaluation certificates that must be submitted to DEM.” [Florida Senate, Accessed on 11/1/22; Florida Senate, H.B. 7053]
2020: Ron DeSantis Signed Into Law Legislation That Required Contracts Between Local Governments And Residential Recycling Collectors Or Recovered Materials Processing Facilities And Such Contracts Had To Address Contamination. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 73, which “require[d] contracts between local governments and residential recycling collectors or recovered materials processing facilities for the collection, transport, or processing of residential recyclable material to address contamination. Such contracts must provide a definition of ‘contaminated recyclable material’ that is appropriate for the local community, and must address topics regarding contamination that are listed in the bill. These requirements also apply to each request for proposal or other solicitation for collecting or processing residential recyclable material. After a contract is executed, a residential recycling collector or recovered materials processing facility is not required to collect, transport, or process contaminated recyclable material, except pursuant to a contract consistent with the bill. The bill applie[d] to contracts that are executed or renewed after October 1, 2020. The bill prohibit[ed] a local government from requiring a person claiming certain environmental permitting exceptions to provide further verification from the Department of Environmental Protection. The bill revise[d] the exemption in current law from permits for the replacement or repair of existing docks or piers. Instead of requiring that the replaced or repaired dock or pier be in the same location and of the same configuration and dimensions as the dock or pier being replaced or repaired, the bill require[d] that it must be within 5 feet of the same location and no larger than the existing dock or pier. No additional aquatic resources may be adversely and permanently impacted by such replacement or repair.” [Florida Senate, Accessed on 9/12/22; Florida Senate, H.B. 73]
- The Bill Listed The Contamination-Related Details That Needed To Be Included In Recycling Contracts Between Local Governments And Haulers, And Haulers Were Not Required To Transport Or Process Contaminated Materials That Would Hinder The Definition Of “Acceptable Recyclables.” According to Waste Dive, “Last week, the Florida House of Representatives unanimously passed a bill (HB 73) listing contamination-related details that must be included in recycling contracts between municipalities and haulers or MRFs. Haulers would not be required to transport contaminated materials that violate the definition of acceptable recyclables, and MRFs would not be required to process them.” [Waste Dive, 6/19/20]
- The Bill Required The Contracts To Include A Definition Of “Contamination” That Is Appropriate For Their Community, The Responsibilities Of Both Parties To Reduce Contaminated Materials, Procedures For Identifying And Rejecting Contaminated Material, And Which Educational Programs Would Be Used To Decrease Pollution. According to Waste Dive, “The contracts would have to state a definition of ‘contamination’ appropriate for that community; the obligations of the municipality and the hauler or MRF in reducing contaminated material collection or processing; procedures for identifying, documenting and rejecting contaminated material; and which educational programs would be implemented to reduce contamination.” [Waste Dive, 6/19/20]
¶ Preemption Over Permitting Of Solar Facilities And Redefinition Of Natural Gas
2021: Ron DeSantis Signed Into Law Legislation That Required Solar Facilities To Be Permitted Like Agricultural Land, Redefined Natural Gas As “Renewable Energy,” And Allowed The Florida Public Service Commission To Approve Cost Recovery By A Gas Public Utility For Certain Renewables Natural Gas Purchase Contracts. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 896, which “[d]efin[ed] the term ‘solar facility’; provid[ed] that solar facilities are a permitted use in local government comprehensive plan agricultural land use categories and certain agricultural zoning districts; authoriz[ed] the Florida Public Service Commission to approve cost recovery by a gas public utility for certain contracts for the purchase of renewable natural gas, etc.” [Florida Senate, Accessed on 10/4/22; Florida Senate, S.B. 896]
- The Energy And Utilities Industry Supported The Bill, Which Preempted Local Governments From Regulating Whether Solar Facilities Should Be Issued Permits Like Agricultural Land And Redefined Acquiring Methane Gas From A Landfill As Renewable Energy. According to the Miami Herald, “The energy and utilities industry also was behind SB 896, which preempts local government from deciding whether or not solar facilities should be granted permits as agricultural land and redefines pulling methane gas from a landfill as renewable energy.” [Miami Herald, 5/3/21]
- The Bill Made An Exemption To The State Preemption For The Small Historically Black Community Of St. Peter In Alachua County After First Solar And Duke Energy Attempted To Lease A Lot To Install A Solar Farm In The Middle Of The Community Without Public Input, But The Bill Did Not Make Exemptions For Future Communities. According to the Miami Herald, “Before they passed SB 896, however, they carved out an exemption to help the small historically Black community of St. Peter near Archer in Alachua County. The community was settled by freed slaves in the late 1800s. Decades of members of the same families are buried in the community cemetery. Relatives of the Rosewood massacre still live there. But when First Solar and Duke Energy found a 630-acre lot to lease for a solar farm in the heart of the community, the residents fought back. The area they wanted to build the solar plant is a tree farm in a square in the center of the community, surrounded by homes, said Michelle Rutledge, a resident of the area who helped organize the community opposition. […] Two different local government boards of Alachua County concluded the industrial plant, ‘wasn’t appropriate or responsible to place industrial businesses, such as a major electrical utility plant in zoned residential, agricultural areas and areas such as ours,’ Crawford said Thursday. Legislators also gave the community a break. After Rutledge testified before a Senate committee, the Senate adopted an amendment by Sen. Gary Farmer, D-Lighthouse Point, exempting the Saint Peter Community from the preemption. The House accepted it, but if the bill is signed into law, future communities won’t have that option.” [Miami Herald, 5/3/21]
- The Bill Defined Natural Gas As “Renewable Energy,” Which Provided It Special Treatment Under State Law Despite Being A Major Greenhouse Gas Contributor, And Preempted Local Governments From Preventing The Installation Of Industrial Solar Farms. According to the Florida Phoenix, “Another defines natural gas as ‘renewable energy,’ granting it certain special treatment under Florida law though it is a major contributor to greenhouse gases causing climate change. That one also preempts local communities from blocking installation of industrial-scale solar farms in their midst.” [Florida Phoenix, 4/30/21]
- Florida Conservation Voters Urged Ron DeSantis To Veto The Bill, Arguing It Was Vital To Protect The Principles Of Environmental Justice, Including Informed Consent, Public Participation And Protecting Vulnerable Communities, While The Bill Preempted Local Governments Who Would Not Want Big Solar Facilities In Their Backyards. According to the Florida Phoenix, “Florida Conservation Voters also is calling for vetoes. ‘As we transition to clean energy, it is vital that our elected officials adhere to principles of environmental justice such as informed consent, public participation, and protecting the interests of vulnerable communities,’ said the organization’s deputy director, Jonathan Webber, in a statement that specifically urged DeSantis to veto Senate Bill 896. That bill preempts home rule when local governments don’t want utility companies to build giant solar facilities on farm land in their backyards.” [Florida Phoenix, 4/30/21]
2022: Ron DeSantis Signed Legislation Into Law That Promoted The Expansion Of Floating Solar Facilities By Local Governments And Required The Office Of Energy To Develop Recommendations On How To Regulate The Private And Public Entities That Implement Floating Solar Facilities. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1411, which “promote[d] the expanded use of floating solar facilities (FSF) by requiring local governments to amend development regulations. Under the bill, FSFs are required to be a permitted use in appropriate land use categories in each local government’s comprehensive plan. A ‘floating solar facility’ is defined as a solar facility located on a wastewater treatment pond, abandoned limerock mine area, stormwater treatment pond, reclaimed water pond, or other water storage reservoir. The bill adopt[ed] the existing definition for solar facility, under s. 163.3205(2), F.S. Under the bill, counties and municipalities are authorized to specify buffer and landscaping requirements. Such requirements may not exceed those for similar uses involving solar facility construction permitted in agricultural land use categories and zoning districts. The bill require[d] the Office of Energy within the Department of Agriculture and Consumer Services to develop and submit recommendations to the Legislature by December 31, 2022, providing a regulatory framework for private and public sector entities that implement FSFs. Under the bill, FSF construction is prohibited in an Everglades Agricultural Area reservoir project, if the local governments involved determine that there would be a negative impact on that area or project.” [Florida Senate, Accessed on 10/26/22; Florida Senate, H.B. 1411]
- The Floating Solar Facilities Would Only Be Allowed In Man-Made Water Storage Reservoirs, Like Wastewater Treatment Ponds, Lime Rock Quarries, Storm Water Treatment Ponds And Reclaimed Water Ponds, But Not In Any Everglades Reservoir Project If There Would Be A Negative Impact. According to Florida Politics, “Sometimes referred to using the portmanteau ‘floatovoltaic,’ the floating photovoltaic facilities only would be permitted atop man-made water storage reservoirs, including wastewater treatment ponds, abandoned lime rock quarries, stormwater treatment ponds and reclaimed water ponds. No floating solar facilities would be permitted in any Everglades reservoir project if local governments say it will negatively impact the area or project.” [Florida Politics, 2/24/22]
- The Bill Provided Municipalities And Counties The Authority To Adopt Ordinances That Specify “Buffer And Landscaping Requirements” For The Floating Solar Facilities. According to Florida Politics, “That amendment also extended to municipalities the power to adopt ordinances specifying ‘buffer and landscaping requirements’ for the facilities — language Democratic Rep. Emily Slosberg-King of Boca Raton and the Florida League of Cities requested in January. Prior to the change, that power only fell to counties.” [Florida Politics, 2/24/22]
- According To The U.S. Energy Department’s National Renewable Energy Laboratory, Placing Solar Facilities On Suitable Water Bodies Could Produce 10% Of National Power Generation. According to Florida Politics, “According to the U.S. Department of Energy’s National Renewable Energy Laboratory, installing solar facilities on water bodies identified as suitable for the technology could produce 10% of current national power generation.” [Florida Politics, 2/24/22]
- Floating Solar Panels Help Prevent The Growth And Formation Of Harmful Algal Blooms, Which Then Creates A “Cooling Effect” That Enhances Power Production. According to Florida Politics, “Research also has found solar panels help to prevent the formation of harmful algal blooms in the waters upon which they are placed, which in turn have a ‘cooling effect’ on the panels that boosts power production.” [Florida Politics, 2/24/22]
2022: Ron DeSantis Signed Legislation Into Law That Established The Municipal Solid Waste-To-Energy Program To Give Annual Finance Aid Grants To Municipal Solid Waste-To-Energy Facilities. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1764, which “[c]reat[ed] the Municipal Solid Waste-to-Energy Program within the Department of Agriculture and Consumer Services for a specified purpose; requir[ed] the department, subject to appropriation, to provide annual financial assistance grants to municipal solid waste-to-energy facilities that meet certain requirements; requir[ed]the department to establish a process to verify the amount of certain electric power purchases; direct[ed]the Public Service Commission to provide assistance in verifying grant eligibility, etc.” [Florida Senate, Accessed on 10/27/22; Florida Senate, S.B. 1764]
- The Municipal Solid Waste-To-Energy (MSWE) Program Included A Financial Aid Grant Program And An Incentive Grant Program. According to the Florida Senate, “The bill establishes the Municipal Solid Waste-to-Energy (MSWE) Program, within the Department of Agriculture and Consumer Services (DACS), comprised of a financial assistance grant program and an incentive grant program.” [Florida Senate, 10/27/22]
- The Municipal Solid Waste-To-Energy (MSWE) Program Was Intended To “Incentivize The Production And Sale Of Energy And Reduce Waste Disposed Of In Landfills.” According to the Florida Senate, “The bill establishes the Municipal Solid Waste-to-Energy (MSWE) Program, within the Department of Agriculture and Consumer Services (DACS), comprised of a financial assistance grant program and an incentive grant program. The program is intended to incentivize the production and sale of energy and reduce waste disposed of in landfills. The program is limited to publicly owned MSWE facilities.” [Florida Senate, Accessed on 10/27/22]
2021: Ron DeSantis Signed Into Law Legislation That Created The Resilient Florida Trust Fund Within The Department Of Environmental Protection For Documentary Stamp Tax Revenues To Be Deposited For Resiliency Projects. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2514, which “conform[ed] statutes to the funding decisions related to the Resilient Florida Trust Fund in the General Appropriations Act (GAA) for Fiscal Year 2021-2022. The bill: Create[d] the Resilient Florida Trust Fund within the Department of Environmental Protection and provide[d] that the trust fund is established as a depository for documentary stamp revenues dedicated to resiliency projects as provided for in SB 2512.” [Florida Senate, Accessed on 10/10/22; Florida Senate, S.B. 2514]
- The Bill Guaranteed $100 Million Per Year Through The Resilient Florida Trust Fund, Which Was An Agreement To Distribute Funding Originally Intended For Affordable Housing. According to Florida Politics, “The other piece of the legislation (SB 2514) guarantees $100 million per year of continued funding by establishing the Resilient Florida Trust Fund within the DEP, part of a deal to split dollars originally intended for affordable housing programs into affordable housing and environmental programs.” [Florida Politics, 5/12/21]
- The Resilient Florida Trust Fund Was Intended To Be The Funding Source For The Resilient Florida Grant Program And The Statewide Flooding And Sea Level Rise Resilience Plan And To Cover The Expenses Of The Florida Flood Hub For Applied Research And Innovation. According to Florida Politics, “Under the bill, DEP will use the trust as a funding source for the Resilient Florida Grant Program and the Statewide Flooding and Sea Level Rise Resilience Plan. The trust will cover the cost to implement the plan, including the operation of the grant program, the grants and administrative and operational costs of the Florida Flood Hub for Applied Research and Innovation.” [Florida Politics, 5/12/21]
2020: Ron DeSantis Signed Into Law The Clean Waterways Act, Which Implemented Water Quality Protections, Including To Require Several Reports, Require Certain Onsite Sewage Treatment And Disposal System Research Projects, And Improve Water-Related Regulations. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 712, which “[c]it[ed] this act as the ‘Clean Waterways Act’; require[ed] the Department of Health to provide a specified report to the Governor and the Legislature by a specified date; require[ed] the Department of Health and the Department of Environmental Protection to submit to the Governor and the Legislature, by a specified date, certain recommendations relating to the transfer of the Onsite Sewage Program; direct[ed] water management districts to submit consolidated annual reports to the Office of Economic and Demographic Research; remov[ed] provisions requiring certain onsite sewage treatment and disposal system research projects to be approved by a Department of Health technical review and advisory panel, etc.” [Florida Senate, Accessed on 9/14/22; Florida Senate, S.B. 712]
- The Clean Waterways Act Implemented Several Water Quality Protections Aimed At Addressing Nutrient Pollution, Protecting The Environment And Fortifying Regulations. According to Press Release - Ron DeSantis, “Today, Governor Ron DeSantis made another historic step in Florida’s fight to protect water quality and conserve the state’s natural resources by signing Senate Bill (SB) 712, sponsored by Sen. Debbie Mayfield and Rep. Bobby Payne. Titled the Clean Waterways Act, SB 712 passed the 2020 Florida Legislature with bipartisan support and carries a wide range of water quality protection provisions aimed at minimizing the impact of known sources of nutrient pollution, realigning the State’s resources to enhance the protection of Florida’s environment, and strengthening regulatory requirements.” [Press Release - Ron DeSantis, 6/30/20]
2021: Ron DeSantis Signed Legislation Into Law That Required Certain Wastewater Utilities To Submit A Plan For Eliminating “Nonbeneficial Surface Water Discharge,” Fully Eliminate Discharges By 2032, And Effectively Recycle And Reuse Wastewater. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 64, which “[r]equir[ed] certain domestic wastewater utilities to submit to the Department of Environmental Protection by a specified date a plan for eliminating nonbeneficial surface water discharge within a specified timeframe; requir[ed] domestic wastewater utilities applying for permits for new or expanded surface water discharges to prepare a specified plan for eliminating nonbeneficial discharges as part of its permit application; provid[ed] that potable reuse is an alternative water supply and that projects relating to such reuse are eligible for alternative water supply funding; requir[ed]counties, municipalities, and special districts to authorize graywater technologies under certain circumstances and to provide certain incentives for the implementation of such technologies, etc.” [Florida Senate, Accessed on 9/28/22; Florida Senate, S.B. 64]
- The Bill Required Utilities In Florida To Stop Discharging Treated Sewage Into Surface Waters By 2032 And Required Them To Submit A Plan By November 2021 For “Eliminating Nonbeneficial Surface Water Discharge” And Reusing The Water Discharge. According to First Coast News, “A future that includes recycled tap water moved further through the pipeline in late June when Gov. DeSantis signed a new water reuse law. It requires Florida utilities to stop discharging treated sewage into surface waters, like lakes and rivers, by 2032. By Nov. 1, 2021, utilities must submit a plan for ‘eliminating nonbeneficial surface water discharge’ and reusing it instead.” [First Coast News, 8/9/21]
- Some Of The “Reclaimed” Water That Were To Result From The Bill Would Be Used For Irrigation. According to First Coast News, “Some will be used for irrigation – an increasingly common form of reuse known as ‘reclaimed’ water.” [First Coast News, 8/9/21]
- In Order To Eliminate Water Discharge, The State Would Need To Recycle The Water By Treating The Discharge To Drinking Water Standards And Using It As Drinking Water. According to First Coast News, “But in order not to discharge, the state must also begin ‘recycling’ water. That means treating it to drinking water standards, and then using it as drinking water.” [First Coast News, 8/9/21]
- The Bill Required Utilities To Transform Sewage Water Into Drinking Water. According to First Coast News, “A new mandate requires Florida utilities to transform sewage into drinking water without triggering the public's gag reflex.” [First Coast News, 8/9/21]
2021: Ron DeSantis Signed Legislation Into Law That Required The South Florida Water Management District And The U.S. Army Corps Of Engineers To Advance The Lake Okeechobee Watershed Restoration Project And Provided $50 Million Annually From The Land Acquisition Trust Fund For The Watershed Restoration Project. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2516, which “conform[ed] statutes to the funding decisions related to water storage north of Lake Okeechobee in the General Appropriations Act (GAA) for Fiscal Year 2021-2022. The bill require[d] the South Florida Water Management District (SFWMD), in partnership with the U.S. Army Corps of Engineers (USACE), to expedite implementation of the Lake Okeechobee Watershed Restoration Project (LOWRP). The LOWRP is a project in the Comprehensive Everglades Restoration Plan which provides water storage north of Lake Okeechobee. The bill require[d] the SFWMD to: Request that the USACE seek expedited congressional approval of the LOWRP. Require the execution of a project partnership agreement with the USACE immediately following approval. Expedite implementation of the aquifer storage and recovery (ASR) Science Plan developed by the SFWMD and the USACE. Expedite implementation of the watershed ASR feature of the LOWRP. Pursue expeditious implementation of the LOWRP wetland restoration features. Submit, by November 1, 2021, a report to the Legislature describing the SFWMD's compliance with the bill (including steps taken, plans for ongoing compliance, and specified updates related to the LOWRP implementation). SB 2516 amend[ed] s. 375.041, F.S., to provide a $50 million annual appropriation from the Land Acquisition Trust Fund to the SFWMD for the LOWRP.” [Florida Senate, Accessed on 10/10/22; Florida Senate, S.B. 2516]
- The Bill Advanced The Construction Of The Lake Okeechobee Watershed Restoration Project (LOWRP) North Of Lake Okeechobee By Reserving $50 Million Annually For The Project Using The Land Acquisition Trust Fund And Directing The South Florida Water Management District To Work With The Army Corps. According to Florida Politics, “Gov. Ron DeSantis has signed legislation to advance construction of the Lake Okeechobee Watershed Restoration Project (LOWRP) north of Lake Okeechobee. DeSantis signed the legislation just one day after the bill hit his desk. Senate President Wilton Simpson prioritized the bill (SB 2516) last Session. The Legislature tacked on the measure as a conforming bill linked to the larger budget bill (SB 2500). The state will now set aside $50 million annually for the project by using money in the Land Acquisition Trust Fund. The bill also directs the South Florida Water Management District to work with the Army Corps to make progress on LOWRP.” [Florida Politics, 6/2/21]
¶ Policies Undermining The Everglades And Lake Okeechobee
2022: Ron DeSantis Vetoed Legislation That Would Have Required The South Florida Water Management District To Certify Compliance Of U.S. Army Corps Of Engineers Recommendations With District Programs And Plans, Allowed The Department Of Environmental Protection To Contract With Certain Entities To Expedite Environmental Permits, And Required Water Shortages Within Lake Okeechobee To Be Managed Under Certain Rules And With Approval Of The Legislature And Governor. In June 2022, according to the Florida Senate, Ron DeSantis vetoed Senate Bill 2508, which would have “[p]rovid[ed] requirements for budget amendments requesting the release of state funds for specified water project components; require[ed] the South Florida Water Management District to make a specified certification to the Legislature regarding its recommendations to the United States Army Corps of Engineers; authoriz[ed] the Department of Environmental Protection to enter into agreements or contracts with certain entities to expedite the evaluation of certain environmental permits; specif[ied] that the Department of Agriculture and Consumer Services may acquire land or certain related interests in land for specified public purposes, etc.” [Florida Senate, Accessed on 10/12/22; Florida Senate, S.B. 2508]
- Lawmakers Attempted To Amend The Bill To Gain DeSantis’ Support, But The Bill Had Already Required That Water Shortages In The Lake Okeechobee Region Be Managed By The South Florida Water Management District. According to Florida Politics, “When lawmakers made their final change to the bill in the closing days of the 2022 Regular Session in an effort to satisfy DeSantis and dissidents, the measure already required that water shortages within the Lake Okeechobee Region be managed under rules set up by the South Florida Water Management District (SFWMD). Language added to the bill in the final draft looked to give DeSantis and state lawmakers a say in any potential changes to those rules.” [Florida Politics, 6/8/22]
2022: Ron DeSantis Signed Into Law Legislation That Created Water Quality Enhancement Areas (WQEAs) To Address Pollutant Contributions In The Watershed, Basin, Targeted Restoration Area Or Waterbody Of The Area And Created Water Quality Enhancement Credits To Be Sold Only To Governmental Entities. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 965, which “create[d] the concept of water quality enhancement areas (WQEAs). A WQEA is a natural system that is constructed, operated, managed, and maintained pursuant to a permit to provide offsite, compensatory, regional treatment within an identified enhancement service area and enhancement credits. The bill provide[d] that construction, operation, management, and maintenance of a WQEA must be approved through the environmental resource permitting (ERP) process. The bill sets out requirements for a water quality credit program based on the development of WQEAs and authorizes the Department of Environmental Protection (DEP) to develop rules to implement the program. Water quality enhancement credits may be sold only to government entities. The bill require[d] that a WQEA be used to address contributions of one or more pollutants or other constituents in the watershed, basin, sub-basin, targeted restoration area, waterbody, or section of waterbody in which the WQEA is located that do not meet applicable state water quality criteria. The bill provide[d] requirements for the WQEA permitting process and requires monitoring and verification to demonstrate that the WQEA is meeting defined performance or success criteria for reduction of pollutants or contaminants. The bill ma[de] clarifications regarding incentives for the use of graywater technologies. The bill direct[ed] DEP to adopt and modify rules adopted pursuant to ss. 373.4136 (establishment and operation of mitigation banks) and 373.414 (additional criteria for activities in surface waters and wetlands), F.S., to ensure that required financial assurances are equivalent and sufficient to provide for the long-term management of mitigation permitted under those sections. DEP, in consultation with water management districts, shall include this rulemaking in existing active rulemaking, or shall complete rule development by June 30, 2023.” [Florida Senate, Accessed on 10/25/22; Florida Senate, H.B. 965]
¶ Wetland Mitigation
2019: Ron DeSantis Signed Into Law Legislation That Authorized Local Governments To Allow Permittee-Responsible Mitigation For Restoration Of Lands Purchased By Local Governments For Conservation Purposes If Mitigation Credits Become Unavailable, And Allowed Localities To Provide Wetland Mitigation Credits When Credits Are Unavailable At A Regional Mitigation Bank. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 521, which “authorize[d] a local government to allow permittee-responsible mitigation consisting of the restoration or enhancement of lands purchased and owned by a local government for conservation purposes if state and federal mitigation credits are not available. Such mitigation must conform to the permitting requirements for mitigation banks. The bill also create[d] an exemption allowing a local government to provide mitigation credits for proposed projects when credits are not available at regional mitigation bank and the mitigation area to be utilized was created by a local government prior to December 31, 2011, using the Uniform Mitigation Assessment Method. The bill may have a positive fiscal impact on local governments who allow a public or private mitigation project to be created on conservation lands owned by the local government. The bill has no fiscal impact on state government.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 521]
- The Bill Allowed Developers To Access Local Conservation Lands When State Wetland Mitigation Banks Become Inaccessible In Their Neighborhood. According to the Tallahassee Democrat, “A law signed by Gov. Ron DeSantis this week to allow developers to dip into local conservation lands when state wetland mitigation banks run dry in their neighborhood has sparked renewed debate about whether the controversial banking program works.” [Tallahassee Democrat, 6/22/19]
- The Wetland Bank Program Allows Developers Who Wish To Build On Existing Wetlands To Pay To Buy The Wetlands Or Make Improvements In The Same Watershed Or Region, Aimed At Zero Wetland Loss. According to the Tallahassee Democrat, “The idea behind the wetland banks is that when a developer wants to build on existing wetlands, he can pay to buy wetlands or make improvements to degraded wetlands in the same watershed or region with the goal being zero wetland loss.” [Tallahassee Democrat, 6/22/19]
- Florida Conservation Voters: The Wetland Mitigation Bank Needed A Full Peer-Reviewed Evaluation Before Making More Credits Available As Developers Continue To Destroy Wetlands. According to the Tallahassee Democrat, “‘We’re not even sure that the wetlands mitigation has done its job,’ said Jonathan Weber, deputy director of Florida Conservation Voters. ‘When you are running out of wetland credits, that should tell you something about the rate at which developers are destroying our wetlands. Before we open up more credits we should probably do a full peer reviewed evaluation of this program.’” [Tallahassee Democrat, 6/22/19]
- Defenders Of Wildlife: The Bill Would Not Result In New Conservation Because The Land Was Already Conserved By Local Governments. According to the Tallahassee Democrat, “Kent Wimmer, senior Northwest Florida representative for Defenders of Wildlife, said the new law will not result in any new conservation. ‘You are not creating a net conservation benefit because the land has already been conserved,’ Wimmer said. ‘Local governments are going to restore them anyway. It is not a conservation lift – a great enhancement to those lands already conserved and managed.’” [Tallahassee Democrat, 6/22/19]
- The Bill Rescinded A 2012 Restriction That Prohibited Local Governments From Providing Mitigation For A Project Other Than Their Own Unless They Used Land That Was Not Purchased For Conservation And Provided Equal Financial Assurances As Private Mitigation Banks. According to the Tallahassee Democrat, “The new law lifts a restriction put in place in 2012 prohibiting a local government from creating or providing mitigation for a project other than its own unless it used land that was not previously purchased for conservation and provided the same financial assurances as those required for private mitigation banks.” [Tallahassee Democrat, 6/22/19]
- The Bill Allowed Local Governments, In The Event Of Credits Running Out, To Permit Mitigation To Restore Or Enhance Conservation Lands Procured By A Local Government. According to the Tallahassee Democrat, “The new law states that if state and federal mitigation credits are not available, a local government will be allowed to permit mitigation consisting of the restoration or enhancement of conservation lands purchased and owned by a local government. The bill specifies that such mitigation must conform to certain permitting requirements.” [Tallahassee Democrat, 6/22/19]
- The Bill Provided Local Governments The Flexibility To Work With Private Developers On Restoration Instead Of Using Tax-Payer Money. According to the Tallahassee Democrat, “It also gives local governments an opportunity to work with private developers on restoration rather than ask taxpayers for additional money.” [Tallahassee Democrat, 6/22/19]
- Developers Have Been Able To Build On Wetlands By Helping Restore Or Clean Up Wetlands At A Different Location Through The Wetland Mitigation Program. According to the Tallahassee Democrat, “For decades, developers of housing, shopping malls and hotels have been able to build on Florida’s wetlands by either helping to restore or clean up wetlands at a different location. But those wetland mitigation banks, used to offset the adverse impact of development, are drying up across the state, especially in south Florida.” [Tallahassee Democrat, 3/12/19]
2021: Ron DeSantis Signed Into Law The Florida Wildlife Corridor Act, Which Encouraged, Incentivized And Funded The Florida Wildlife Corridor To Preserve And Protect The Environment And Wildlife Habitat Of 18 Million Acres. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 976, which “create[d] the Florida Wildlife Corridor Act, which encourages support, incentives, and funding of the Florida Wildlife Corridor to preserve and protect green infrastructure and wildlife habitat. The bill sets out the duties of the Department of Environmental Protection (DEP) with respect to the wildlife corridor. The act does not authorize or affect the use of private property. The bill require[d] the St. Johns River Water Management District (SJRWMD), in consultation with DEP, Seminole County, the Fish and Wildlife Conservation Commission, and the Department of Transportation, to issue a report by December 31, 2021, on the implementation of recommendations from the Little Wekiva Watershed Management Plan Final Report from November 2005. The bill require[d] DEP and SJRWMD to review any permits which SJRWMD has determined may have contributed to sediment buildup north of State Road 436 to assess whether a permittee is in violation of permit conditions. Appropriate action to resolve compliance issues must be taken if a violation is discovered. DEP and SJRWMD shall review known permit violations that have occurred since 2018 and attempt to determine what effects such violations may have had on sediment accumulation in the Little Wekiva River.” [Florida Senate, Accessed on 10/4/22; Florida Senate, S.B. 976]
- The FY 2023 Budget Dedicated $300 Million To Protect The Florida Wildlife Corridor And $100 Million To The Florida Forever Program, And The Bill Directed The Florida Department Of Environmental Protection To Promote Investments In Areas That Protect And Fortify The Corridor. According to a Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis celebrated the signing of Senate Bill 976, The Florida Wildlife Corridor Act. The legislation directs the Florida Department of Environmental Protection to encourage and promote investments in areas that protect and enhance the Florida Wildlife Corridor. To support these efforts, the Florida Leads budget dedicates $300 million specifically to protect the Florida Wildlife Corridor. This funding is in addition to the $100 million that is allocated to the Florida Forever program.” [Press Release - Governor Ron DeSantis, 7/19/21]
- The Bill Designated The Florida Wildlife Corridor As “An Existing Physical, Geographically Defined Area Comprised Of Over 18 Million Acres,” Including 10 Million Acres Of Conservation Lands, To Address Habitat Loss And Fragmentation. According to a Press Release - Governor Ron DeSantis, “This funding can be used for the acquisition of Florida Wildlife Corridor lands, in fee simple or conservation easements. The legislation designates the Florida Wildlife Corridor as an existing physical, geographically defined area comprised of over 18 million acres, of which almost 10 million acres are conservation lands, that was developed through a coordinated effort of the Florida Wildlife Corridor Coalition. The Florida Wildlife Corridor relies on and continues the decades of work by numerous scientists and conservation organizations that recognize landscape-scale conservation approaches, and specifically corridors, as a way to address habitat loss and fragmentation across Florida.” [Press Release - Governor Ron DeSantis, 7/19/21]
- The Wildlife Corridor Encompasses Almost 18 Million Acres Of Wilderness And Lands Critical To The Survival Of 131 Imperiled Animals, Like The “Florida Panther, Gopher Tortoise, Rowing Owl, Red-Cockaded Woodpecker, Swallow-Tailed Kite And Black Bear.” According to Florida Politics, “Florida Wildlife Corridor comprises nearly 18 million acres of contiguous wilderness and working lands crucial to the survival of many of Florida’s 131 imperiled animals, including the Florida panther, gopher tortoise, manatee, burrowing owl, red-cockaded woodpecker, swallow-tailed kite and black bear, the foundation noted in the news release.” [Florida Politics, 7/5/22]
- 2022: Within The First Year Of The Legislation, The Florida Wildlife Corridor Foundation Hailed Critical Land Preservation Purchases And Conserved 14 Land Parcels Through The Florida Forever Program. According to Florida Politics, “A year after Florida passed landmark legislation to help fill in a statewide wildlife corridor, the Florida Wildlife Corridor Foundation is hailing key land preservation purchases that highlight early progress. On July 1, 2021, the Florida Wildlife Corridor Act (SB 976) went into effect, to make policy and create incentives to stitch together conservation of wildlife habitats in the 18 million acres identified as a Florida wildlife corridor, including 10 million acres already under conservation protection. The bill, a priority of Senate President Wilton Simpson, was carried by Republican Sen. Jason Brodeur of Sanford and Republican Rep. Keith Truenow of Tavares. In the first year, 14 land parcels have been newly conserved through the Florida Forever program, including several considered critical: the Red Hills Conservation Area on Lake Miccosukee, the Corrigan Ranch in Indian River County, the Wakulla Springs Protection Zone near the Apalachicola National Forest, and the Coastal Headwaters Longleaf project, in Santa Rosa County.” [Florida Politics, 7/5/22]
- The Legislation Encouraged Protection Of Undeveloped Land Where Animals Could Still Travel Despite The Increased Development In Florida. According to the Florida Times-Union, “The spending was part of the Florida Wildlife Corridor Act, a measure passed unanimously through the Florida Legislature to encourage protection of stretches of undeveloped land where animals can still travel despite mounting development in other parts of the fast-growing state.” [Florida Times-Union, 7/2/21]
- The Reserved Funding For The Florida Wildlife Corridor And Florida Forever Program Was Meant For The Purchase Of Land And To “Pay Property Owners To Maintain Forests And Rural Land Undeveloped By Signing Away Their Development Rights.” According to the Florida Times-Union, “The act committed up to $300 million to helping preserve a network of routes called the Florida Wildlife Corridor as well as $100 million for Florida Forever, the state’s flagship program for land conservation. The money will be used to buy some land outright, but can also pay property owners to keep forests and rural land undeveloped by signing away their development rights. ‘These funds will help create partnerships with private landowners to preserve critical habitats, timberlands, farms, and ranches throughout the state,’ Jason Lauritsen, executive director for the Florida Wildlife Corridor Coalition, said in an email following the governor’s signing.” [Florida Times-Union, 7/2/21]
¶ Families And Children
2020: Ron DeSantis Signed Into Law “Jordan’s Law,” Which Implemented Changes To The Child Welfare System, Including To Establish Standards For Law Enforcement And Judges For Dependency Cases And Require Trainings To Recognize Head Trauma In Children. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 43, which “[r]equir[ed] the Florida Court Educational Council to establish certain standards for instruction of circuit and county court judges for dependency cases; requir[ed] the Department of Law Enforcement to provide certain information to law enforcement officers relating to specified individuals; require[ed] Child Protection Teams to be capable of providing certain training relating to head trauma and brain injuries in children younger than a specified age; requir[ed] the Criminal Justice Standards and Training Commission to establish standards for the instruction of law enforcement officers in a specified subject, etc.” [Florida Senate, Accessed on 9/12/22; Florida Senate, H.B. 43]
- Jordan’s Law Aimed To Train More Individuals To Identify Child Head Trauma And Better Communication Between Law Enforcement And Child Welfare Agencies. According to the Tampa Bay Times, “Gov. Ron DeSantis on Thursday signed ‘Jordan’s Law,’ a bill aimed at training more people to recognize child head trauma and improve communication between child welfare agencies and law enforcement.” [Tampa Bay Times, 6/19/20]
- 2018: Jordan Belliveau Died From Head Trauma Caused By His Mother, And A State Report Revealed There Were Missteps By Child Welfare Agencies And Child Protective Investigators That Failed To Prevent The 2-Year Old’s Death. According to the Tampa Bay Times, “It’s named after Jordan Belliveau, a 2-year-old Largo child who died in 2018 from head trauma inflicted by his mother, authorities say. A Florida Department of Children and Families review pointed to missteps by child welfare agencies, child protective investigators and others before the child was killed.” [Tampa Bay Times, 6/19/20]
- Jordan’s Law Established New Training Requirements For Social Caseworkers, Law Enforcement Officers And Parents To Identify Head Trauma For Kids Under The Age Of 6. According to the Tampa Bay Times, “‘Jordan’s Law’ was sponsored by State Rep. Chris Latvala, R-Clearwater. The new law will require new training for caseworkers, law enforcement officers and parents to recognize head trauma in children under 6.” [Tampa Bay Times, 6/19/20]
- Jordan’s Law Directed Case Manager Loads To Be Reduced From 30 Cases To 15 Whenever It Is Possible And Improved Communications Between Law Enforcement And Child Welfare Agencies. According to the Tampa Bay Times, “Case manager loads will also be slashed from 30 cases to 15 whenever possible. And communication between child welfare agencies and law enforcement agencies will be strengthened.” [Tampa Bay Times, 6/19/20]
2019: Ron DeSantis Signed Into Law Legislation That Expanded The Public Records Exemption For The Names Of The Individuals That Report Child Abuse, Abandonment Or Neglect To Ensure The Information Would Only Be Released To Certain People, Officials And State Agencies. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 318, which “expand[ed] the public records exemption that protects the name of a reporter of child abuse, abandonment, or neglect to also include other identifying information. Such information would be protected and would only be released to specified persons, officials, and agencies specified in law. The bill subject[ed] this public record exemption to the Open Government Sunset Review Act, and thus the exemption will be repealed on October 2, 2024, unless it is reviewed and saved from repeal by the Legislature. The bill provide[d] a statement of public necessity as required by the State Constitution that protecting such information of reporters will strengthen mandatory reporting laws by helping ensure that all instances of known or suspected child abuse, abandonment, or neglect are reported to the Department of Children and Families.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 318]
2020: Ron DeSantis Signed Into Law Legislation That Enhanced Accountability In Child Welfare By Requiring The Department Of Children And Families To Establish Performance Standards For Child Welfare Programs. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1326, which “[r]equir[ed] the Department of Children and Families to establish performance metrics; requiring sheriffs providing certain services to adopt the child welfare practice model; requir [ed] the department to establish an Office of Quality; add[ed] responsibilities to the department of contracts regarding care for children in the child welfare system; requir[ed] the Florida Institute for Child Welfare and the Florida State University College of Social Work to design and implement a specified curriculum, etc.” [Florida Senate, Accessed on 9/16/22; Florida Senate, S.B. 1326]
- The Bill Created The Office Of Quality Assurance And Improvement Within The Department Of Children And Families To Create A Grading System To Monitor Child Welfare Programs. According to Florida Politics, “Gov. Ron DeSantis signed a bill Tuesday that would create accountability programs within the state Department of Children and Families. The DCF Accountability Act (SB 1326) sets up the Office of Quality Assurance and Improvement within DCF and tasks it with creating a grading system to monitor internal programs and contracted vendors throughout state. Their performance will be analyzed regularly to ensure Florida’s children and families are receiving high-quality care.” [Florida Politics, 7/1/20]
- The Bill Provided $3 Million To Establish The New Office And $8.3 Million To Establish Pilot Programs In Circuit Courts In Areas With High Child Abuse And Neglect Cases. According to Florida Politics, “In addition to the Office of Quality Assurance, the law will create pilot programs in Florida’s 6th Judicial Circuit, which includes Pasco and Pinellas counties and Florida’s 13th Judicial Circuit, covering Hillsborough County. The lead agencies in those districts could receive incentive funding if they meet expectations. There have been problems in those areas. Subcontractor Directions for Living was faulted in the 2018 deaths of an 11-year boy and a 2-year-old, Jordan Belliveau, whose mother was charged with his murder. The measure funds the pilot programs with $8.3 million. The Office of Quality Assurance and Improvement will be funded at $3 million.” [Florida Politics, 7/1/20]
2019: Ron DeSantis Signed Into Law Legislation That Modified The Dependency Process For Abused Children Removed From Their Homes To Ease Permanency In A New Home Within One Year, Including To Inform Parents That If They Fail To Complete Their Case Plan With A Year, Their Parental Rights May Be Terminated. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 262, which “revise[d] the dependency process for abused children removed from their home to facilitate permanency within 1 year. Permanency for a dependent child can be reunification with parents, placement with a permanent guardian, such as a relative, or adoption. State law sets 1 year as a goal to achieve permanency. According to the Department of Children and Families, only 40% of dependent children in Florida reach their permanency goal within 1 year. To shorten the time children spend in dependency, the bill: Require[d] the court to name the Guardian ad Litem in the record; Direct[ed] caseworkers to provide updated contact information to parents; Limit[ed] court continuances to less than 60 days each year; Require[d] parents to give updated contact information to the caseworker and the court; Ma[de] parents notify the court of any barriers to completing their case plan; Obligate[d] case managers to make referrals to needed services for parents within 7 days after the case plan is approved; Require[d] the case plan to include strategies to overcome any barriers that would prevent the parents from completing any tasks; Order[ed] the court to clearly inform parents that if they do not complete their case plan within 1 year, the court may terminate their parental rights; and Require[d] the court to provide a written order following a termination of parental rights within 30 days.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 262]
2022: Ron DeSantis Signed Into Law Legislation That Changed The Term “Special Needs Child” Within Child Welfare Statutes To “Difficult To Place Child,” In Part To Mean Children Who Are Black Or Mixed-Race. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 893, which “ma[de] changes to Florida law to align with the new requirements of the Family First Prevention Services Act (Act) related to Qualified Residential Treatment Programs (QRTP), one of a limited type of congregate care settings approved for placements under the Act. The bill will ensure placements in QRTPs are made in accordance with rule and in compliance with federal requirements. […] Additionally, the bill replace[d] the term ‘special needs child’ with the term ‘difficult to place child’ regarding children who are not likely to be adopted because of certain characteristics. The bill also amend[ed] the term, in part, to include a child who is a member of a racial group that is disproportionally represented among children whose permanent custody has been awarded to the DCF or to a licensed child-placing agency. The term is defined in current law, in part, to mean a child who is black or of racially mixed parentage. The terminology changes do not appear to have any effect on eligibility for adoption subsidies.” [Florida Senate, Accessed on 10/24/22; Florida Senate, H.B. 893]
- The Bill Changed The Way Black Children Were Portrayed And Described In Florida Law. According to the Florida Phoenix, “Gov. Ron DeSantis has signed into law a bill that will essentially change the way Black children are portrayed and described in Florida law. The legislation, HB 893, was one of 42 bills approved by DeSantis Wednesday evening, part of a stack of bills that the Florida Legislature passed in the 2022 legislative session.” [Florida Phoenix, 4/7/22]
- The Bill Replaced The Term “Special Needs Child” With “Difficult To Place” Child To Reflect The Need Of Children Who Would Benefit From Adoption Assistance Programs. According to the Florida Phoenix, “In February, State Rep. Patricia Williams, a Democrat representing part of Broward County, pushed to take away the term ‘special needs child’ and replace it with a ‘difficult to place’ child. Both Republicans and Democrats came on board to make the changes. At the time, Williams told the Florida Phoenix that the existing state law categorizing Black kids in the child welfare system as a ‘special needs’ child ‘is proof that racism is still very much alive.’ The bill amended various sections of the statute by changing the term ‘special needs’ to ‘difficult to place’ to accurately reflect the intent as it relates to children who would benefit from adoption assistance programs. Now, that language is in the law.” [Florida Phoenix, 4/7/22]
2022: Ron DeSantis Signed Legislation Into Law That Increased Payment Rates For Relative And Non-Relative Caregivers Under The Relative Caregiver Program, Created Monthly Subsidies For Childcare Programs, And Expanded Post-Secondary Education Tuition And Fee Waivers For Foster Children. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7034, which “[r]evis[ed] payment rates for relative and nonrelative caregivers under the Relative Caregiver Program; revis[ed] and specifying room and board rates paid by the Department of Children and Families; revis[ed] fee waiver eligibility for students who are or were placed in the custody of a relative or nonrelative to include certain students; creat[ed] a tuition and fee exemption for students who enter the custody of the department after a specified age and who are reunited with their parent or parents before reaching a specified age and after spending at least 18 months in out-of-home care, etc.” [Florida Senate, Accessed on 11/1/22; Florida Senate, S.B. 7034]
- In Support Of Foster Families, The Bill Increased Monthly Payments For Care Givers, Raised The Monthly Subsidy For Childcare, And Expanded Higher Education Waivers For Foster Children. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis was joined by foster families and legislative leaders to sign Senate Bill 7034, furthering Florida’s support for foster families. Among its provisions, Senate Bill 7034 raises monthly payments for relative and nonrelative care givers, increases the monthly subsidy for child care and expands postsecondary education waivers for foster children. Through historic support, since 2019 Florida has added more than 4,000 foster families across the state.” [Press Release - Governor Ron DeSantis, 4/27/22]
- The Bill Created A $200 Per Month Child-Care Subsidy For Foster Parents Or Caregivers To Ensure Access To Early Learning Programs For Foster Children. According to Press Release - Governor Ron DeSantis, “Additionally, the bill creates a $200 per month child-care subsidy for any foster parent and relative or nonrelative who has a child between the age of birth to school entry placed in their home. This program will ensure every foster child has access to early learning programs and will help foster parents afford to enroll these children in child care.” [Press Release - Governor Ron DeSantis, 4/27/22]
- The Bill Changed The Tuition And Fee Waivers For Foster Care Children, Expanding Eligibility For Children Were Adopted Out Of Foster Care Or Spent A Significant Time In Foster Care In Their Teens. According to Press Release - Governor Ron DeSantis, “The bill also amends section 1009.25, Florida Statutes, to reorganize and expand the population of students eligible for the tuition and fee waiver for children who have interacted with the dependency system. The program provides for exemptions from the payment of tuition and fees at workforce education programs, Florida College System institutions or state universities. Previously, exemptions were limited to children who were in foster care as they turned 18. Now, tuition and fee waivers will be available for children who were adopted out of the foster care system or spent a significant time in foster care in their teenage years.” [Press Release - Governor Ron DeSantis, 4/27/22]
2022: Ron DeSantis Signed Into Law Legislation That Required The Department Of Children And Families To Promote Responsible Fatherhood And Provide Parenting Resources To Fathers, Created Grant Programs For Non-Profits That Address The Needs Of Fathers And Provide Mentorship Program For At-Risk Boys, And Designated June As “Responsible Fatherhood Month.” In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 7065, which “[r]equir[ed] the Department of Children and Families and Department of Juvenile Justice to identify and meet the needs of dually-involved children within a specified timeframe; revis[ed] information that must be included in a transition plan; requir[ed] prenatal and infant health care delivery programs to include certain father engagement activities; requir[ed] the Department of Children and Families to contract for the development and implementation of the Responsible Fatherhood Initiative and to provide grants to community-based not-for-profit organizations to offer certain mentorship programs; designat[ed] the month of June as ‘Responsible Fatherhood Month’, etc.” [Florida Senate, Accessed on 11/1/22; Florida Senate, H.B. 7065]
- The Bill Included Educational And Mentorships Programs And One-On-One Support To Promote Responsible Fatherhood, And Allocated Almost $70 Million To Provide Family And Youth Support Through The Department Of Juvenile Justice And The Department Of Children And Families. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed HB 7065, which includes educational programs, mentorship programs and one-on-one support to encourage responsible and involved fatherhood in Florida. The bill is tied to nearly $70 million in funding to provide a wide spectrum of family and youth support through the Department of Juvenile Justice (DJJ) and the Department of Children and Families (DCF).” [Press Release - Governor Ron DeSantis, 4/11/22]
- The Bill Instructed The Department Of Children And Families To Launch A Statewide Awareness Campaign To Emphasize The Importance Of Fatherhood And Provide Fathers With Resources. According to Press Release - Governor Ron DeSantis, “At DCF, the bill will provide a wide spectrum of family support. DCF will create a statewide awareness campaign to call attention to the importance of responsible fatherhood, and to equip fathers with resources to stay engaged in their children’s lives.” [Press Release - Governor Ron DeSantis, 4/11/22]
- The Bill Instructed The Department Of Children And Families To Support Non-Profits That “Use Evidence-Based Parenting Education” And Case Managers That Would Help Fathers Find Jobs, Transition From Imprisonment To Civilian Life And Manage Their Responsibilities. According to Press Release - Governor Ron DeSantis, “DCF will also support nonprofit organizations that use evidence-based parenting education to help fathers stay engaged and connect with their children, and support case managers who will help fathers find employment, transition from incarceration and manage their obligations.” [Press Release - Governor Ron DeSantis, 4/11/22]
2022: Ron DeSantis Vetoed Legislation That Would Have Eliminated Permanent Alimony Rewards In Divorce Settlements And Revised And Established New Requirements And Prohibitions In The Determination Of Alimony Rewards. In June 2022, according to the Florida Senate, Ron DeSantis vetoed Senate Bill 1796, which would have “[r]equir[ed] the court to make certain written findings in its awards of alimony; remov[ed] the court’s ability to consider adultery of either spouse in determining the amount of an alimony award; revis[ed] factors that the court must consider in determining the proper type and amount of alimony; revis[ed] a provision authorizing the modification of rehabilitative alimony upon completion of the rehabilitative plan to include a certain condition; require[ed] the court to consider specified factors when determining an alimony award involving the existence of a supportive relationship between the obligee and another person, etc.” [Florida Senate, Accessed on 10/12/22; Florida Senate, S.B. 1796]
- The Bill Would Have Repealed Court-Mandated Permanent Alimony And Only Allowed Bridge-The-Gap, Rehabilitative And Durational Alimony For Future Divorces. According to Florida Politics, “The bill, which bill sponsor and Sarasota Republican Sen. Joe Gruters promoted as an improvement on past efforts, would have repealed court-ordered permanent alimony — leaving bridge-the-gap, rehabilitative and durational alimony for all divorces going forward. Fort Myers Republican Rep. Jenna Persons-Mulicka shepherded the legislation through the House.” [Florida Politics, 6/25/22]
- The Bill Would Have Created An Equal-Time Sharing Presumption In Disputes Over Custody, Which Critics Argued Was Not In The Best Interests Of Children. According to Florida Politics, “The bill would have established an equal time-sharing presumption in custody disputes. Critics from across the aisle of the measure argued the presumption is not in the best interest of the child. Rep. Emily Slosberg-King, a Palm Beach Democrat and family law lawyer, said the presumption will create ‘a procedural legal hurdle for self-represented litigants to overcome.’” [Florida Politics, 6/25/22]
- Critics Argued Repealing Permanent Alimony Would Compromise Parents Caring For Their Children And Argued The Bill Would Only Benefit The Primary Breadwinner. According to Florida Politics, “Over the course of its committee hearings, opponents argued cutting permanent alimony would leave individuals caring for children in compromising positions. Additionally, they argued the legislation only seeks to benefit the primary breadwinner, putting the other individual at an unfair disadvantage.” [Florida Politics, 6/25/22]
- The Bill Would Have Removed The Ability For The Courts To Take Adultery Into Consideration When Determining The Alimony Awards. According to Florida Politics, “The legislation also would remove the court’s ability to consider adultery of either spouse in determining the amount of an alimony award.” [Florida Politics, 6/25/22]
2020: Ron DeSantis Signed Into Law Legislation That Prohibited Public Officials And Employees From Abusing Their Positions Of Power To Obtain A Disproportionate Benefit And Penalized Such Violations With Penalties Up To $10,000. In September 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 7009, which “reenact[ed] s. 112.317, F.S., which provides penalties for violations of the Florida Code of Ethics for Public Officers and Employees and for any violation of Art. II, s. 8, State Constitution. The reenactment of s. 112.317, F.S., will make the section applicable to amendments to the State Constitution by Amendment 12 adopted in the 2018 general election. The amended constitutional language prohibits a public officer or public employee from abusing his or her public position in order to obtain a disproportionate benefit. Penalties under s. 112.317, F.S., include impeachment and removal from office, public censure and reprimand, a civil penalty not to exceed $10,000, and restitution, among other punishments. Amendment 12 provide[d] that the abuse of public position prohibition takes effect on December 31, 2020. The amendment also require[d] the Legislature to enact implementing legislation establishing penalties for violations of the prohibition to take effect on the same day. The bill’s reenactment of s. 112.317, F.S., effective December 31, 2020, ma[de] the penalty provisions of the section applicable to the constitutional prohibition. This meets the requirement of the Amendment 12 schedule language.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 7009]
- The Bill Implemented A Voter-Approved 2018 Constitutional Amendment, Which Prohibited Public Officials And Workers From Using Their Offices To Benefit Themselves Or Their Families. According to Florida Politics, “A bill dealing with a voter-approved prohibition on public officials and employees using their offices to benefit themselves, their families or employers is among four new laws that will take effect this week. Lawmakers during the 2020 legislative session passed a bill (HB 7009) to help carry out a 2018 constitutional amendment aimed, at least in part, at slowing the revolving door involving public officials and the private sector.” [Florida Politics, 12/31/20]
- The Bill Dealt With Penalties For Public Officials And Workers Who Abuse Their Public Positions And Prohibited Officials And Workers From Abusing Their Position To “Obtain A Disproportionate Benefit” For Themselves, Family Or Business. According to Florida Politics, “The bill deals with penalties for public officials and employees who abuse their positions and was passed after the Florida Commission on Ethics approved a rule that defined ‘disproportionate benefit.’ Part of the constitutional amendment said a ‘public officer or public employee shall not abuse his or her public position in order to obtain a disproportionate benefit for himself or herself; his or her spouse, children, or employer; or for any business with which he or she contracts; in which he or she is an officer, a partner, a director, or a proprietor; or in which he or she owns an interest.’” [Florida Politics, 12/31/20]
- Beginning In 2023 And Pending Legislative Action, The Bill Would Extend The Cool Off Period In Which Former Lawmakers Could Become Lobbyists From 2 Years To 6 Years And Prohibit Active Public Officials From Lobbying For Compensation Government Agencies Or The Legislature. According to Florida Politics, “Two other parts of the amendment still require legislative action and aren’t set to become law until Dec. 31, 2022. One will extend from two years to six years the time in which lawmakers must wait after leaving office before lobbying legislators and other statewide elected officials. The change also puts similar prohibitions on former state agency heads and former judges. The second change prohibits public officials, while in office, from lobbying for compensation government agencies or the Legislature on such things as policies, appropriations and contracts.” [Florida Politics, 12/31/20]
¶ Preventing Foreign Influence On State Agencies And Universities
2021: Ron DeSantis Signed Into Law Legislation That Combated Foreign Influence In Universities, Research Entities And Governmental Entities By Establishing Disclosure Requirements Over Certain Gifts Or Grants Given By A Foreign Entity, Requiring Scrutiny Of Foreign Applicants Seeing American-Based Research Jobs, And Restricting Collaboration With Certain Countries Of Concern. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 7017, which “[r]equir[ed] any state agency or political subdivision to disclose certain gifts or grants received from any foreign source to the Department of Financial Services within a specified timeframe; requir[ed] any entity that applies for a certain grant or proposes a certain contract to disclose to a state agency or political subdivision any current or prior interest of, contract with, or grant or gift received from a foreign country of concern under certain circumstances; requir[ed] institutions of higher education to semiannually report to certain entities regarding certain gifts they received directly or indirectly from a foreign source; authoriz[ed] a whistle-blower to report an undisclosed foreign gift to the Attorney General or the Chief Financial Officer; authoriz[ed] the Chief Financial Officer to incur expenditures to provide such reward from the penalty recovery; requir[ed] certain state universities and other entities to screen certain foreign applicants seeking employment in specified research positions; requir[ed] certain state universities and other entities to establish an international travel approval and monitoring program, etc.” [Florida Senate, Accessed on 10/11/22; Florida Senate, H.B. 7017]
- The Bill Was Designed To Prevent Foreign Influence On State Agencies And Higher Education Institutions, Especially Chinese Influence, In Response To Cases Involving Medical And Academic Researchers In Florida. According to the Tampa Bay Times, “Gov. Ron DeSantis on Monday signed into law a pair of bills designed to curb the influence of foreign governments on state agencies and higher-education institutions, as he particularly targeted China. The laws were crafted during the 2021 legislative session in response to high-profile Florida cases involving medical and academic researchers.” [Tampa Bay Times, 6/7/21]
- The Bill Established Reporting Requirements For Entities Seeking State Grants Or Contracts And Required State Agencies And Universities To Report Any Foreign Gifts Or Grants Valued Over $50,000. According to the Tampa Bay Times, “The other bill (HB 7017), which will go into effect July 1, creates new reporting requirements for entities seeking grants or contracts from the state. Under the measure, such entities as state agencies and universities will be required to report receiving gifts or grants ‘from any foreign source’ valued at $50,000 or more.” [Tampa Bay Times, 6/7/21]
- The Bill Required People And Entities Seeking State Grants Or Contracts Over $100,000 To Disclose Contracts, Donations Or Grants Given By Entities Related To China, Russia, Iran, North Korea, Cuba, Venezuela And Syria. According to the Tampa Bay Times, “People and entities seeking grants or contracts from the state of more than $100,000 will be required to disclose contracts, donations or grants linking them to China, Russia, Iran, North Korea, Cuba, Venezuela and Syria.” [Tampa Bay Times, 6/7/21]
- The Bill Required Universities and Research Entities With Budgets Greater Than $10 Million To Establish An “International Travel Approval And Monitoring Program.” According to the Tampa Bay Times, “State universities and other entities with research budgets of $10 million or more also will have to create an ‘international travel approval and monitoring program’ under the measure.” [Tampa Bay Times, 6/7/21]
- The Bill Barred Specific Agreements And Collaborations Between Governmental Entities And Russia, PRC, Cuba, North Korea, Iran, Syria, And Venezuela. According to Press Release – Governor Ron DeSantis, “Prohibits specific agreements between state/public entities and the seven countries of concern (Russia, PRC, Cuba, North Korea, Iran, Syria, and Venezuela).” [Press Release – Governor Ron DeSantis, 6/7/21]
2022: Ron DeSantis Signed Legislation Into Law That Required A Simple Majority Approval, Instead Of Three Votes, By The State Cabinet And Senate Confirmation For The Law Enforcement And Veterans’ Affairs Executive Directors And Gave The Governor The Discretion To Pursue Either Cabinet Concurrence Or Senate Confirmation For The Appointment Of The Environmental Protection Secretary. In March 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1658, which “[r]equir[ed] that the executive director of the Department of Law Enforcement be appointed subject to a majority vote of the Governor and Cabinet, with the Governor on the prevailing side; requir[ed] the appointment of the secretary of the Department of Environmental Protection be subject to the concurrence of three members of the Cabinet or confirmation by the Senate; requir[ed] the Governor to notify the Cabinet and the President of the Senate in writing of the method of confirmation; requir[ed] that the executive director of the Department of Veterans’ Affairs be appointed subject to a majority vote of the Governor and Cabinet, with the Governor on the prevailing side, etc.” [Florida Senate, Accessed on 10/27/22; Florida Senate, S.B. 1658]
- The Bill Increased The Governor’s Authority To Appoint Executive Heads For The Department For Environmental Protection, Department Of Law Enforcement, And The Department Of Veterans’ Affairs. According to the Tampa Bay Times, “The Senate Rules Committee on Thursday voted 11-4 along party lines to approve a bill (SB 1658), filed by Sen. Aaron Bean, R-Fernandina Beach, that would increase the governor’s power to appoint the secretary of the Department of Environmental Protection, the commissioner of the Florida Department of Law Enforcement and the executive director of the Department of Veterans’ Affairs.” [Tampa Bay Times, 2/8/22]
- The Bill Was In Response To A Clash Between Governor Ron DeSantis And Florida Agriculture Nikki Fried After DeSantis Appointed Shawn Harrison As Environmental Protection Secretary Without State Cabinet Approval. According to the Tampa Bay Times, “The issue emerged after a clash last year between Gov. Ron DeSantis and Agriculture Commissioner Nikki Fried about DeSantis’ move to appoint Department of Environmental Protection Secretary Shawn Harrison without approval from the state Cabinet.” [Tampa Bay Times, 2/8/22]
- Previously, The Florida State Cabinet Approved The Environmental Protection Secretary And Other Top Positions At State Agencies, Including The Department Of Law Enforcement And Veterans’ Affairs. According to the Tampa Bay Times, “The Cabinet has long signed off on the Department of Environmental Protection secretary and the leaders of a handful of other state agencies, including the Florida Department of Law Enforcement and the Florida Department of Veterans’ Affairs.” [Tampa Bay Times, 2/8/22]
- When Appointing The Environmental Protection Secretary, The Bill Gave The Governor The Ability To Choose Whether They Want To Seek Cabinet Approval Or Senate Confirmation. According to the Tampa Bay Times, “The bill would change the approval process for those three positions, giving the governor more authority. For example, it would allow the governor to decide whether to seek concurrence from Cabinet members on the Department of Environmental Protection secretary or to appoint the secretary with confirmation from the Senate.” [Tampa Bay Times, 2/8/22]
- Agriculture Commissioner Nikki Fried Called The Bill A “Power Grab.” According to the Tampa Bay Times, “Fried on Monday called the proposal a ‘power grab.’” [Tampa Bay Times, 2/8/22]
- The Bill Changed The Threshold For The Appointment Of The Heads Of The Departments Of Law Enforcement And Veterans Affairs, Requiring A Simple Cabinet Majority And Senate Confirmation. According to Florida Politics, “With changes made earlier this week, the bill would drop a similar three-vote threshold from the Cabinet to a majority-vote threshold for the heads of the Florida Department of Law Enforcement (FDLE) and the Department of Veterans Affairs (VA). The Senate still would be asked to confirm the appointments.” [Florida Politics, 2/10/22]
- The Bill Barred The Governor From Reappointing The Same Person As Secretary Of Environmental Protection For One Year If Such Appointment Failed To Gain Cabinet Support. According to Florida Politics, “The bill also includes a double jeopardy provision for the DEP Secretary. It would prevent, for one year, the Governor from reappointing the same individual to the DEP Secretary position if the person’s appointment went through the Cabinet and the Cabinet failed to approve the Governor’s nominee.” [Florida Politics, 2/10/22]
¶ Six-Year Cool-Off Period For Lawmakers And Judges
2022: Ron DeSantis Signed Legislation Into Law That Prohibited Former State Lawmakers From Lobbying For Six Years After Their End Of Their Public Office Service. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 7001, which “create[d] ss. 112.3121 and 112.3122, F.S., to implement the constitutional amendment prohibiting lobbying by certain public officers both during public office and for a six-year period following vacation of public office. The bill provide[d] definitions for terms that have no clear constitutional definition. It provide[d] that the prohibitions apply to persons in public office on or after December 31, 2022. It authorize[d] the Commission on Ethics to investigate and determine violations of the new prohibitions. The bill provide[d] a range of penalties for violations and directs the Commission to report post-service lobbying violations and recommended punishment to the Governor for imposition of penalties. Finally, it authorize[d] the Chief Financial Officer and Attorney General independently to collect monetary penalties imposed.” [Florida Senate, Accessed on 10/31/22; Florida Senate, H.B. 7001]
- The Bill Implemented A Constitutional Amendment That Passed In 2018, Which Banned Former Lawmakers From Lobbying Within Six Years Of The End Of Their Public Service, With Up To $10,000 Fines And Other Penalties. According to Florida Politics, “Lawmakers and judges who leave office and lobby the Legislature or executive branch within six years could face a fine of up to $10,000 and other penalties, after Gov. Ron DeSantis signed two measures late Wednesday implementing a constitutional amendment passed by voters in 2018. One measure (HB 7001) applies to ex-lawmakers.” [Florida Politics, 5/26/22]
- The Bill Applied To Executive Agencies Or The Cabinet, But Did Not Apply To Local Governments. According to Florida Politics, “HB 7001 also applies to the leaders of state agencies under DeSantis or the Cabinet. It doesn’t cover local governments, however, so ex-lawmakers and agency heads can still lobby city and county governments.” [Florida Politics, 5/26/22]
2022: Ron DeSantis Signed Legislation Into Law That Prohibited Former Judges And Justices From Lobbying For Six Years After The End Of Their Judicial Service. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 7003, which “create[d] ss. 112. 3 and 112.3124, F.S., to implement the constitutional amendment prohibiting lobbying by former justices and judges for a six-year period following vacation of judicial office. The bill provide[d] definitions for terms that have no clear constitutional definition. It provide[d] that the prohibition applies to justices and judges who vacate office on or after December 31, 2022. It authorize[d] the Commission on Ethics to investigate and determine violations of the new prohibition. The bill provide[d] a range of penalties for violations and directs the Commission to report a post-service lobbying violation and recommended punishment to the Governor for imposition of penalties. Finally, it authorize[d] the Chief Financial Officer and Attorney General independently to collect monetary penalties imposed.” [Florida Senate, Accessed on 10/31/22; Florida Senate, H.B. 7003]
- The Bill Implemented A Constitutional Amendment That Passed In 2018, Which Banned Former Judges From Lobbying Within Six Years Of The End Of Their Public Service, With Up To $10,000 Fines And Other Penalties. According to Florida Politics, “Lawmakers and judges who leave office and lobby the Legislature or executive branch within six years could face a fine of up to $10,000 and other penalties, after Gov. Ron DeSantis signed two measures late Wednesday implementing a constitutional amendment passed by voters in 2018. The other (HB 7003) applies to ex-judges. Both passed unanimously during the Regular Session that ended in March.” [Florida Politics, 5/26/22]
2022: Ron DeSantis Signed Into Law Legislation That Allowed Local Governments To Either Publish Legal Notices On Their Government-Run Websites Or Print The Legal Notices On Newspapers. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 7049, which “allow[ed] a local governmental agency the option to publish legal notices on a publicly accessible website owned or designated by the county instead of in a print newspaper under specified conditions. The bill revert[ed] the criteria a newspaper must satisfy to be qualified to publish all legal notices back to the criteria in place before the passage of chapter 2021-17, Laws of Fla., with the exception that newspapers qualified to publish legal notices are no longer required to be for sale. It require[d] a governmental agency located in a county that has a population of fewer than 160,000 to first hold a public hearing and determine that its residents have sufficient access to the Internet by broadband service before publishing legally required advertisements and public notices on the county website. Finally, the bill eliminate[d] the obligations of the Florida Press Association relating to equitable legal notice access by minority populations.” [Florida Senate, Accessed on 11/1/22; Florida Senate, H.B. 7049]
- The Bill Allowed, No Longer Required, Counties And Municipalities To Post Legal Notices On Their Government-Run Websites Or Publish The Notices On Free Local Papers. According to Florida Politics, “Local and municipal governments won’t be required to post legal notices in local newspapers under a new law Gov. Ron DeSantis signed Tuesday night. Instead, governments can publish notices digitally on websites maintained by county governments. HB 7049 allows local governments to continue to post notices in local papers if they choose but the bill changes the law to make clear that notices can be posted in papers that are distributed for free.” [Florida Politics, 5/10/22]
- The Bill Required Counties With Population Under 160K To Hold A Public Hearing To Determine If Residents Have Adequate Internet Access Before Publishing Legal Notices Online. According to Florida Politics, “The law also requires any governmental agency located in a county with a population of fewer than 160,000 to first hold a public hearing and determine that its residents have sufficient access to the Internet before publishing legal notices on a publicly accessible website.” [Florida Politics, 5/10/22]
- The Bill Undid A Compromise Bill That Was Passed In 2021, Which Allowed Notices To Be Posted Online And In Newspapers, But The 2022 Bill Would Give The Option To Publish The Notices On County-Run Websites. According to Florida Politics, “If passed, the bill (HB 7049) would undo a compromise passed by the Legislature last year that allowed notices to appear online and in newspapers. Instead, this would allow governments the option to publish on a county-maintained public website.” [Florida Politics, 3/8/22]
- The Compromise Bill Passed In 2021 Had Only Been In Place Since The Beginning Of 2022. According to Florida Politics, “Sen. Gary Farmer, a Lighthouse Point Democrat, noted the compromise legislation passed last year has been in place just 67 days as of Tuesday. ‘Why are we even doing this?’ he asked.” [Florida Politics, 3/8/22]
- Several Newspaper Executives, Most Representing Small Newspapers, Opposed The Bill, Arguing That They Rely On Public Notices For Ad Revenue And Were In Business Of Reaching As Many Readers As Possible. According to Florida Politics, “The committee drew a number of newspaper executives to Tallahassee, most on behalf of small newspapers that rely heavily on public notices for ad revenue. But many argued it’s not just self-interest driving their objection. Newspapers are in the business of reaching as many readers as possible in the community.” [Florida Politics, 3/8/22]
- Former Lieutenant Governor And Current Lobbyist For American Lawyer Media, Jeff Kottkamp Argued That Government Websites Were Good For Hiding Information. According to Florida Politics, “‘If you really want to hide information, put it on a government website,’ argued Jeff Kottkamp, a lobbyist for American Lawyer Media and a former Lieutenant Governor.” [Florida Politics, 3/8/22]
- Critics Argued That Small Newspapers Were The Most Efficient In Providing Notices To Older Readers And Low-Income Minority Communities That Do Not Have Internet Access. According to Florida Politics, “Critics also argued small newspapers are the best way to put notices in front of older readers and poor minority communities that lack internet access.” [Florida Politics, 3/8/22]
2019: Ron DeSantis Signed Into Law Legislation That Authorized Tactical Medical Professionals Who Have Concealed Carry Licenses To Carry Firearms When They Are Directly Supporting A Tactical Law Enforcement Operation. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 487, which “expressly authorize[d] a ‘tactical medical professional’ (TMP) who has a concealed weapons and firearms license to carry firearms, weapons, and ammunition when he or she is actively operating in direct support of a tactical law enforcement operation. However, for the authorization to apply, the bill also require[d] the law enforcement agency head to have appointed the TMP, the agency to have an established policy for these appointments, and the TMP to have completed two types of firearms training, one of which must be provided by the agency. A TMP may carry a firearm in the same manner as a law enforcement officer and anywhere that a tactical law enforcement operation occurs. Additionally, a TMP has ‘the same immunities and privileges as a law enforcement officer . . . in a civil or criminal action arising out of a tactical law enforcement operation when acting within the scope of his or her official duties.’ The bill define[d] a TMP as a paramedic, physician, or osteopathic physician who is appointed to provide medical support to a tactical law enforcement unit engaged in high-risk incidents, such as drugs raids and hostage situations.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 487]
- The Bill Gave Paramedics And Doctors Responding To Active Gunman Incidents, Hostage Situations, Drug Raids And Other High-Risk Situations The Authority To Carry Firearms. According to the Palm Beach Post, “In some of the most dangerous conditions, medics responding to SWAT calls are tasked with saving lives. A new Florida law that goes into effect today will give paramedics and physicians responding to active gunman incidents, hostage situations, narcotics raids and other situations deemed as high-risk the ability to carry more than medical supplies. They will also be allowed to carry firearms.” [Palm Beach Post, 7/1/19]
- The Bill Only Applied To Medics Responding To Special Situations And Would Not Authorize Medics To Be Armed During Their Everyday Duties. According to the Palm Beach Post, “But don’t expect to see paramedics responding to routine medical calls or car crashes with a firearm on their side. Local fire rescue officials stress that the new law applies only to medics serving in special-response situations, and they emphasize that medics will not be armed in their day-to-day duties. ‘Our policy is very clear, ‘said Chris Kammel, the EMS bureau chief of rescue for Martin County Fire Rescue. ‘You will not see any Martin County Fire Rescue employees getting out of an ambulance or a fire engine with a firearm on their side.’” [Palm Beach Post, 7/1/19]
- The Bill Allowed Tactical Medical Professions To Carry Firearms While Accompanying Either SWAT Or A Special-Response Unit In The Same Was As Police Officers And Do Not Have The Duty To Retreat When Defending Themselves Or Others. According to the Palm Beach Post, “Florida House Bill 487, which was signed into law by Gov. Ron DeSantis on June 7, states that while accompanying either a police SWAT or special-response unit, tactical medical professionals may carry firearms in the same manner as a law-enforcement officer and have no duty to retreat when defending themselves or others from harm.” [Palm Beach Post, 7/1/19]
2019: Ron DeSantis Signed Into Law Legislation That Made Permanent A Public Records Exemption For The Personal Information Of People Who Apply For A License To Carry A Concealed Firearm Or Renew Their License. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7059, which “save[d] the public records exemption in s. 790.0601(2), F.S., from repeal. The public records exemption for the personal identifying information of persons who apply for a concealed weapon or firearm license, or renew an existing license, through a local tax collector’s office was created in 2014. The exemption was created in conjunction with s. 790.0625, F.S., which authorizes the Division of Licensing (DOL) of the Department of Agriculture and Consumer Services (DACS) to enter into agreements with local tax collector’s offices to accept and submit concealed weapon or firearm license applications or renewal applications to the DOL of the DACS for processing and decisions on whether the license should be issued. The same information is exempted from the public records law if the applicant provides it directly to the DOL of the DACS at one of the DACS regional offices.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 7059]
2021: Ron DeSantis Signed Into Law Legislation That Allowed Permit-Holders To Carry A Concealed Firearm In Religious Institutions, Regardless If The Institutions Have A School. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 252, which “addresse[d] the possession of a concealed weapon or firearm for defensive or other lawful purposes on property used by a religious institution that is co-located with a school. Under existing law, a person who has a concealed weapon or firearm license may legally carry a firearm inside a church, synagogue, or other religious institution. However, the person is generally prohibited from carrying a firearm on property that is located in an area where firearms are prohibited, such as a school. Under the bill, a person who has a concealed weapon or firearm license may carry a concealed weapon or firearm on the property of a religious institution regardless of whether the property is also used as a school. The bill further state[d] that it ‘does not limit the private property rights of a church, synagogue, or other religious institution to exercise control over property that the church, synagogue, or other religious institution owns, rents, leases, borrows, or lawfully uses.’ Accordingly, religious institutions and owners of property borrowed or used by a religious institution may continue to regulate and prohibit firearms on their own property.” [Florida Senate, Accessed on 9/29/22; Florida Senate, H.B. 259]
- The Bill Expanded The Right To Carry Concealed Firearms And Overrode Florida’s Gun Restriction On School Property. According to the Florida Phoenix, “A new Florida law that expands rights to carry concealed firearms and erodes Florida’s prohibition of guns on school property is now in effect.” [Florida Phoenix, 7/2/21]
- The Bill’s Intent Was To Permit Individuals With Concealed Firearms Licenses To Carry Their Firearms During Religious Activities, Regardless If The Activities Are On The Same Property Of An Institution Co-Located With A School. According to the Florida Phoenix, “Sen. Joe Gruters, a southwest Florida Republican and chairman of the Republican Party of Florida, sponsored the bill, saying his intent was to allow people with concealed weapons permits to carry their weapons during religious activities regardless whether the activities are conducted on property co-located with a school.” [Florida Phoenix, 7/2/21]
- The Bill Allowed Religious Institutions That Operate Schools On Their Property May Now Allow People To Legally Carry Firearms In And Around The School, And Schools That Lend Their Property For Religious Activities Were Prohibited From Banning Firearms On That Property. According to the Florida Phoenix, “In other words, a religious institution that operates a school on its property may now legally carry firearms in and around that school. Likewise, a school that leases or loans out any of its property for religious activities can no longer ban firearms on that same property.” [Florida Phoenix, 7/2/21]
- Critics Argued That The Bill Left Some Schools Exposed To Guns On Their Campuses Without A Way To Determine Whether An Individual Carrying A Concealed Firearm Is Affiliated With The Place Of Worship. According to the Florida Phoenix, “Critics of SB 259 said in legislative testimony that it leaves some schools exposed to firearms on their campuses, with no way to determine whether a person carrying a concealed weapon is or is not affiliated with a sanctioned religious organization leasing some part of the property.” [Florida Phoenix, 7/2/21]
- 2018: Gun-Free School Zones Were Mandated Following The Parkland Shooting, Which Prohibited Firearms On School Property, Regardless If The School Was Private Or Whether The School Property Was Leased To Another Entity. According to the Florida Phoenix, “Gun-free school zones were mandated by state law in 2018 after the shooting massacre at Marjory Stoneman Douglas High School in Parkland. The law prohibits firearms on school property, regardless whether the school is privately owned or whether the property was leased to another entity for another purpose.” [Florida Phoenix, 7/2/21]
2021: Ron DeSantis Signed Into Law Legislation That Enhanced The State’s Preemption Over The Regulation Of Ammunition And Firearms By Providing That Private Individuals And Organizations Could Sue Local Governments For Their “Unwritten” Gun Policies And Requiring Local Governments To Pay For The Plaintiff’s Attorney Fees If They Voluntarily Got Rid Of Their “Unwritten” Policy During The Lawsuit. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1884, which “revise[d] the Legislature’s preemption of the field of the regulation of firearms and ammunition. Current law provides a person or certain organizations with the right to seek declaratory or injunctive relief and actual damages due to a local ordinance, regulation, measure directive, rule enactment, order, or written policy regulating firearms or ammunition. The bill provide[d] that the right to maintain a legal action against a preempted local regulation applies even if the local regulation is unwritten. Existing s. 790.33, F.S., preempts the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the state. Any person or organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated in violation of s. 790.33, F.S., may file suit against the governmental entity for a declaratory judgment and injunctive relief. If a court determines the plaintiff is the prevailing party, the plaintiff may recover actual damages of up to $100,000 in addition to any attorney fees. The bill also provide[d] a mechanism for a plaintiff to recover damages and attorney fees when a government entity changes its regulation while the regulation is being challenged under s. 790.33, F.S. Specifically, when a government entity voluntarily changes the regulation that was challenged pursuant to a complaint, the plaintiff challenging that regulation is considered the prevailing party and may recover actual damages and attorney fees.” [Florida Senate, Accessed on 10/7/22; Florida Senate, S.B. 1884]
- Florida State Law Already Prohibited Local Governments From Regulating Guns Or Ammunition And Penalized Local Officials That Violate The State Preemption With A $5,000 Court Fine And Allowed Citizens Or Gun Organization To Sue The Locality For Their Attorney’s Fees Up To $100,000. According to the Tampa Bay Times, “Currently, Florida law forbids local governments from passing any policies about the ‘purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation’ of guns or ammunition. The entire gun policy area is left up to the state. If local officials violate this law by enacting a gun policy, they are subject to a $5,000 court fine — and the law allows citizens or gun groups to sue the local governments for their attorney’s fees up to $100,000 in damages.” [Tampa Bay Times, 4/28/21]
- The Bill Considered “Unwritten” Local Government Gun Policies To Have Grounds For A Lawsuit, Discouraged Local Governments From Altering Their Policies In The Middle Of The Lawsuit, And If The Government Were To Change The Policy To Circumvent The Lawsuit, Plaintiffs Could Still Collect Attorney’s Fees From The Locality. According to the Tampa Bay Times, “SB 1884, which is just two pages long, would change the statute in two ways. If the bill were to become law, even a local government gun policy that is ‘unwritten’ would be grounds for a lawsuit by a citizen or gun rights group. And it would tweak Florida law to discourage local governments from changing their policies in the middle of a lawsuit. If a plaintiff brings a suit against a government, only to see the government change its policy to duck the case, the law could allow the plaintiff to collect attorney’s fees from the government.” [Tampa Bay Times, 4/28/21]
- An “Unwritten” Gun Policy Would Include Informal Policies That Governed Whether An Individual With A Stolen Firearm Could Get Their Firearm Returned In A Timely Manner. According to the Tampa Bay Times, “If a local police department had an informal policy that governed whether a person with a stolen gun could get that gun back in a timely manner, that would constitute an ‘unwritten’ gun policy, Byrd said.” [Tampa Bay Times, 4/28/21]
- The Bill Aimed To Prevent Local Governments From Making “Unwritten” Gun Policies And Bypassing A Lawsuit By Getting Rid Of The Gun Regulation. According to Florida Politics, “The Senate has passed legislation to stop cities and counties from creating unwritten gun policies and preventing them from circumventing punishment. By a 23-16 party-line vote, senators approved Estero Republican Sen. Ray Rodrigues’ bill (SB 1884) to clarify that the state’s preemption over local firearm and ammunition laws applies to unwritten rules. Additionally, local governments couldn’t bypass a court case by scrapping the gun law in question.” [Florida Politics, 4/26/21]
2020: Ron DeSantis Signed Into Law Legislation That Established The Position Of Dementia Director To Coordinate Florida’s Policies And Programs That Address Alzheimer’s Disease, Including To Support Memory Disorder Clinics, Collect Data, Coordinate Dementia Research Projects And Educate The Public On Alzheimer’s. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 835, which “create[d] the position of Dementia Director within the Department of Elder Affairs to coordinate the state’s policies and programs for addressing Alzheimer’s disease. The director is to assist the Alzheimer’s Disease Advisory Committee with the development of the Alzheimer's disease state plan, support the state’s memory disorder clinics, facilitate public education on Alzheimer’s disease, coordinate dementia research programs, and collect data on the impact of Alzheimer’s disease on the state. The bill update[d] the name of the memory disorder clinic in Orlando to AdventHealth. The bill also ma[de] a minor change to the funding formula for respite care. Under the bill, the department must consider the number of persons 70 or older, rather than 75 or older, in each county when distributing funding for respite care.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 835]
¶ Ramping Up Education Of Alzheimer’s Disease And Dementia For You (READY) Act
2022: Ron DeSantis Signed Legislation Into Law That Required The Florida Department Of Health To Educate Medical Professionals On Alzheimer’s Disease And Dementia, Including On Early Detection, Medicare Annual Wellness Visits, Utilizing Medicare Advanced Care Planning Billing Codes, And Lowering The Risk Of Cognitive Decline. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 806, which “create[d] s. 381.825, F.S., to establish the ‘Ramping up Education of Alzheimer’s Disease and Dementia for You (READY) Act.’ The bill require[d] the Department of Health (DOH) to use preexisting, relevant public health and community outreach programs to educate medical doctors, osteopathic physicians, and nurses on Alzheimer’s disease and dementia-related disorders. Specifically, the bill require[d] the DOH to provide education on the following topics: The importance of early detection and timely diagnosis of Alzheimer’s disease and related forms of dementia. Using a validated cognitive assessment tool. The value and effectiveness of the Medicare annual wellness visit in detecting Alzheimer’s disease and related forms of dementia. Using Medicare advance care planning billing codes for persons with Alzheimer’s disease and related forms of dementia. Reducing the risk of cognitive decline, particularly among persons in diverse communities who are at greater risk of developing Alzheimer’s disease and related forms of dementia.” [Florida Senate, Accessed on 10/24/22; Florida Senate, S.B. 806]
¶ Children And Infants’ Health
2022: Ron DeSantis Signed Into Law Legislation That Authorized The Florida Medicaid Program To Reimburse For The Use Of Donor Human Milk For A Baby Who Is Medically Or Physically Unable To Receive Maternal Breast Milk Or The Mother Is Unable To Breastfeed At The Hospital. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1770, which “amend[ed] s. 409.906, F.S., to authorize the Florida Medicaid program to reimburse for donor human milk for hospital inpatient use. Under the bill, if a licensed physician, nurse practitioner, physician assistant, or dietitian orders donor human milk for an infant, Medicaid covers the provision of that treatment for infants who are medically or physically unable to receive maternal breast milk or whose mother is medically or physically unable to produce maternal breast milk or breastfeed, and who also meet specified eligibility factors. The infant must: Have a documented birth weight of 1,800 grams or less; Have a congenital or acquired condition and be at high risk for developing a feeding intolerance, necrotizing enterocolitis, or an infection; or Otherwise have a medical indication for a human milk diet. The bill require[d] managed care plans contracted under the Managed Medical Assistance component of the Statewide Medicaid Managed Care program to cover donor human milk bank services. The bill also require[d] the Agency for Health Care Administration (AHCA) to establish provider eligibility, by rule, and authorizes the AHCA to seek any necessary federal approvals to implement the new coverage benefit.” [Florida Senate, Accessed on 10/27/22; Florida Senate, S.B. 1770]
¶ Dental Student Loan Repayment Program And Donated Dental Services Program
2019: Ron DeSantis Signed Into Law Legislation That Established The Dental Student Loan Repayment Program To Support Dentists Who Practice In Underserved Areas And Established The Donated Dental Services Program To Provide Dental Care To Qualifying Individuals. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 843, which “[e]stablish[ed] the Dental Student Loan Repayment Program to support dentists who practice in public health programs located in certain underserved areas; require[ed] the Department of Health to establish the Donated Dental Services Program to provide comprehensive dental care to certain eligible individuals; require[ed] a hospital to notify a patient's primary care provider within a specified timeframe after the patient's admission; requiring a licensed facility, upon placing a patient on observation status, to immediately notify the patient of such status using a specified form; prohibit[ed] certain health maintenance organizations from employing step-therapy protocols under certain circumstances, etc.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 843]
2021: Ron DeSantis Signed Into Law Legislation That Allowed Volunteer Ambulance Services To Use Red Lights And Sirens Under Certain Circumstances, Prohibited Local Government’s From Limiting Or Prohibiting Volunteer Ambulance Services From Responding To Emergencies Within Their Respective Jurisdictions, And Ensured Faith-Based Volunteer Ambulance Services Could Operate. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 805, which “[a]uthoriz[ed] certain medical staff of a volunteer ambulance service to use red lights on a privately owned vehicle under certain circumstances; authoriz[ed] vehicles of volunteer ambulance services to show or display red lights and operate emergency lights and sirens under certain circumstances; authoriz[ed] privately owned vehicles belonging to certain medical staff of a volunteer ambulance service to display or use red warning signals under certain circumstances; provid[ed] that county and municipal governments may not limit, prohibit, or prevent volunteer ambulance services from responding to emergencies or providing emergency medical services or transport within their respective jurisdictions, etc.” [Florida Senate, Accessed on 10/3/22; Florida Senate, H.B. 805]
2019: Ron DeSantis Signed Into Law Legislation That Entitled Eligible Firefighters Who Were Diagnosed With Certain Cancers To Treatment And A One-Time Payment Of $25,000, In Lieu Of Workers’ Compensation. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 426, which “ma[de] firefighters who are diagnosed with certain cancers eligible to receive certain disability or death benefits. Specifically, in lieu of pursuing workers’ compensation coverage, a firefighter is entitled to cancer treatment and a one-time cash payout of $25,000, upon the firefighter’s initial diagnosis of cancer.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 426]
- The Bill Established A Cancer Diagnosis As An “Occupational Hazard Tied To Firefighting” And Entitled Firefighters With Cancer Diagnoses To Health Insurance Coverage With Disability And Death Benefits. According to the Tampa Bay Times, “SB 426 establishes cancer as an occupational hazard tied to firefighting and requires firefighters be afforded full health insurance coverage with disability and death benefits.” [Tampa Bay Times, 4/23/19]
- The Bill Established Requirements For Firefighters With Cancer Diagnoses In Order To Qualify For Benefits, Including A Requirement That The Firefighter Could Not Have Smoked In The Last Five Years. According to the Tampa Bay Times, “Under the bill, firefighters would qualify after meeting requirements including not smoking in the last five years.” [Tampa Bay Times, 4/23/19]
- The Bill Provided Qualifying Firefighters A One-Time Payment Of $25,000 Upon Diagnoses Of The 21 Eligible Cancers, Which Was An Alternative To Workers’ Compensation. According to the Tampa Bay Times, “The bill, which carves out an alternative to workers’ compensation, would also grant firefighters a one-time lump sum of $25,000 upon diagnosis of one of the 21 cancers specified in the legislation.” [Tampa Bay Times, 4/23/19]
2022: Ron DeSantis Signed Into Law Legislation That Made Fire Investigators Who Were Diagnosed With Cancer Eligible For A One-Time Cash Payout Of $25,000 Canter Treatment Reimbursements For Out-Of-Pocket Payments, Enhanced Disability Benefits If Left Disabled, And A Higher Death Benefit For Beneficiaries. In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 837, which “ma[de] a fire investigator eligible for certain benefits under s. 112.1816, F.S., upon diagnosis of one of 21 enumerated cancers. The benefits are an alternative to pursuing a workers’ compensation claim, and entitle the fire investigator to a one-time cash payout of $25,000; cancer treatment with the employer reimbursing the fire investigator for any out-of-pocket deductible, copayment, or coinsurance related to the cancer treatment; enhanced disability benefits under an employer-sponsored retirement plan or employer-sponsored disability retirement plan if fire investigator is totally or permanently disabled due to the cancer; and a higher death benefit for the beneficiary of a fire investigator who dies from the cancer or circumstances that arise from the cancer treatment.” [Florida Senate, Accessed on 10/24/22; Florida Senate, S.B. 838]
2020: Ron DeSantis Signed Into Law Legislation That Provided $250,000 To Establish The Firefighter Cancer Decontamination Equipment Grant Program Within The State Fire Marshal, Which Would Provide Financial Aid To Help Acquire Equipment And Training Material To Mitigate Exposure To Cancer-Causing Chemicals. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1092, which “create[d] the Firefighter Cancer Decontamination Equipment Grant Program within the Division of the State Fire Marshal to provide financial assistance to qualifying fire departments to help procure equipment, supplies, and educational training material designed to mitigate exposure to hazardous, cancer-causing chemicals. The bill authorize[d] the State Fire Marshal to adopt rules and procedures to administer the program, including for the approval of applications and development of need-based criteria. Need-based criteria must include, but are not limited to, the decontamination equipment and supply needs of the fire department, the financial needs of the fire department, and the level of nonstate matching funds proposed in the application. The bill require[d] grant recipients to: Obtain a minimum 25 percent nonstate funds; Report their activity to the Division of State Fire Marshal for submission in the Fire and Emergency Incident Information Reporting System; Comply with the Florida Firefighters Occupational Safety and Health Act; and Comply with any other rule determined by the State Fire Marshal to effectively implement, administer, and manage the program. For Fiscal Year 2020-2021, the bill appropriate[d] $250,000 in general revenue funds to implement the program.” [Florida Senate, Accessed on 9/16/22; Florida Senate, S.B. 1092]
2021: Ron DeSantis Signed Into Law Legislation That Put State Law In Accordance With Health Care Funding From The FY 2022 Budget, Including Extending The Medicaid Eligibility Period For Postpartum Coverage. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2518, which “[r]evis[ed] the amount of money residents of a veterans’ nursing home must receive monthly before being required to contribute to their maintenance and support; revis[ed] the postpartum Medicaid eligibility period for pregnant women; revis[ed] the years of audited disproportionate share data the agency must use for calculating an average for purposes of calculating disproportionate share payments; revis[ed] the requirement that the agency make disproportionate share payments to certain specialty hospitals for children to apply to each fiscal year, rather than a specified fiscal year, etc.” [Florida Senate, Accessed on 10/10/22; Florida Senate, S.B. 2518]
- The Bill Extended Postpartum Medicaid Coverage, Reserving Almost $240 Million In The FY 2022 Budget For The Program, Pending Full Approval From The Federal Centers For Medicare And Medicaid Services. According to the Florida Phoenix, “During the 2021 session, lawmakers passed legislation (SB 2518) to extend postpartum Medicaid coverage and Sprowls spearheaded the effort to spend nearly $240 million in the 2021-22 state budget for the program. That program is awaiting full approval from the federal Centers for Medicare and Medicaid Services, and it’s still not clear when it will commence. The legislation became law July 1 and it’s now almost October.” [Florida Phoenix, 9/29/21]
2021: Ron DeSantis Signed Into Law Legislation That Liquidated The Lawton Chiles Endowment Fund And Redirected The Remaining Funds To The Budget Stabilization Fund. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 5011, which “eliminate[d] the Lawton Chiles Endowment Fund (fund) and redirects the funds to the Budget Stabilization Fund. The bill direct[ed] the State Board of Administration to liquidate the assets in the fund by June 30, 2022. The bill will increase the reserves held in the Budget Stabilization Fund.” [Florida Senate, Accessed on 10/10/22; Florida Senate, H.B. 5011]
- The Lawton Chiles Endowment Fund Was Established In 1999, Named After Former Florida Governor Lawton Chiles (D), To Pay For Health Programs And Education In Florida. According to Florida Politics, “Named after former Florida Democratic Gov. Lawton Chiles, the Legislature established the fund in 1999 to pay for health programs and education in the state.” [Florida Politics, 6/3/21]
- The Bill Dissolved The Lawton Chiles Endowment Fund, Valued At $958 Million, And Transferred The Remaining Balance Into The Budget Stabilization Fund. According to Florida Politics, “But now, under the newly signed bill (HB 5011), the fund will dissolve, and the balance will fold into the Budget Stabilization Fund. According to a staff analysis, the program is valued at $958 million.” [Florida Politics, 6/3/21]
- The Lawton Chiles Endowment Fund Was Vulnerable To Financial Sweeps, Including During The 2008 Recession In Which $700 Million Was Transferred To The General Revenue To Offset A Shortfall And $350 Million Was Transferred To The General Revenue Fund In 2013. According to Florida Politics, “Over the years, however, the fund proved vulnerable to sweeps, according to a staff analysis. In 2008 amid the financial crisis, for example, $700 million was transferred from the LCEF to the general revenue fund to offset a projected shortfall. Then, in 2013, lawmakers transferred another $350 million from the fund to the general revenue fund.” [Florida Politics, 6/3/21]
- The Lawton Chiles Endowment Fund Was Established With $1.7 Billion Using Florida’s Settlement Agreement With Tobacco Companies. According to Florida Politics, “The Legislature created the LCEF with $1.7 billion gained through the state’s settlement agreement with tobacco companies.” [Florida Politics, 6/3/21]
- Several Democrats Scrutinized The Bill, Arguing That Republicans Would Not Vote To Terminate The Fund If It Were Named After Ronald Regan, Arguing That Health Care Funding During The Pandemic Was Crucial, And Emphasizing That The Fund Made Significant Enhancements To Public Health. According to Florida Politics, “While Republicans widely supported the measure, Democrats voiced various concerns. ‘Would you be voting for this today if this was the Ronald Regan trust fund?’ Democratic Rep. Joseph Geller asked. ‘Don’t be disrespectful.’ House Minority Leader Even Jenne, meanwhile, argued that funding for health care is paramount during the pandemic. ‘All these enhancements that have been made to public health via the Lawton Chiles Endowment Fund, we’re going to sweep it all away in the middle of a pandemic? Members, I just feel this is short sighted policy,’ Jenne said.” [Florida Politics, 6/3/21]
¶ Pre-Existing Conditions Protections And Health Plan Flexibility For Affordable Health Care Coverage
2019: Ron DeSantis Signed Legislation Into Law That Provided More Flexibility For Insurers And Health Maintenance Organizations (HMOs) In Their Plan Design And Product Offerings And Required Insurers And HMOs To Offer At Least One Policy That Does Not Exclude Pre-Existing Conditions If The ACA Is Ever Repealed. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 322, which “allow[ed] insurers and health maintenance organizations (HMOs) greater flexibility in their plan design and product offerings providing options of affordable health coverage for employers, employees, and individuals. The bill also require[d] insurers and HMOs offering comprehensive major medical coverage to offer at least one policy or contract that does not exclude preexisting medical conditions if certain conditions are met.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 322]
- The Bill Required Insurances And Health Maintenance Organizations To Offer At Least One Health Policy That Does Not Exclude Or Deny Coverage To An Individual To One Or More Pre-Existing Condition. According to WGCU, “Simpson’s bill would require insurance companies and health maintenance organizations to offer at least one policy that does not exclude, limit, deny or delay coverage due to one or more pre-existing medical conditions.” [WGCU, 4/26/19]
- The Bill’s Protections For Pre-Existing Medical Conditions Would Become Applicable Only If The Affordable Care Act Were To Be Repealed. According to WGCU, “The protections for pre-existing conditions would apply only if the federal law is repealed.” [WGCU, 4/26/19]
- The Bill Allowed Insurances To Use Trump-Era Rules That Allowed For The Sale Of Short-Term And Limited Health Plans That Do Not Offer All Mandated Benefits That The Affordable Care Act Requires. According to WGCU, “But Simpson’s bill also would allow insurers to tap into rules issued by President Donald Trump’s administration that permit the sale of short-term, limited health plans that don’t contain all the mandated benefits that the federal law requires.” [WGCU, 4/26/19]
- The Trump-Era Rules Permit For The Creation Of “Association Health Plans” That Allow Small Businesses, Including Self-Employed People, To Group Together To Access Coverage Across State Lines. According to WGCU, “The rules allow the creation of ‘association health plans’ that would permit small businesses, including self-employed workers, to band together to obtain coverage across state lines.” [WGCU, 4/26/19]
- The Bill Allowed States To Modify Their “Essential Health Benefits” Starting In 2020, In Accordance To Federal Law. According to WGCU, “The federal rules also allow states to alter their ‘essential health benefits’ beginning in 2020, a process Simpson’s bill sets in motion.” [WGCU, 4/26/19]
- Democratic State Senator Jose Javier Rodriguez Argued The Bill Effectively Chipped Away Existing Protections Under The Affordable Care Act. According to WGCU, “Sen. Jose Javier Rodriguez, D-Miami, disagreed with Simpson’s upbeat presentation of the plan. ‘I have a very different view of what this legislation does, ‘Rodriguez said, adding that it ‘effectively chips away at the existing protections we have under the Affordable Care Act.’” [WGCU, 4/26/19]
- The Bill Permitted The Sale Of Short-Term Health Policies While Also Requiring Coverage Of Pre-Existing Conditions If The Affordable Care Act Were To Be Struck Down. According to Bloomberg Law, “Florida is green-lighting the sale of short-term health insurance policies, while also requiring insurers to continue covering pre-existing conditions if Obamacare is ever struck down.” [Bloomberg Law, 6/26/19]
- If The Affordable Care Act Were To Be Repealed, The Bill Would Protect Pre-Existing Conditions But Not Protections On How Much Patients Could Be Charged. According to the Miami-Herald, “Florida lawmakers approved a health insurance bill Wednesday that would require insurers to keep covering pre-existing conditions if the Affordable Care Act disappears, though the bill would not keep protections in the federal law to control how much those patients can be charged.” [Miami-Herald, 5/2/19]
- Critics Said The Bill Did Not Have The Protections Under The Affordable Care Act To Control Insurance Plan Prices And Prevent Insurers From Charging Higher Prices, And They Argued That Modifying The Requirements For Essential Health Benefits Would Weaken Health Coverage. According to the Miami-Herald, “But critics said the bill doesn’t have requirements that are in the Affordable Care Act to control prices on such plans and stop insurers from charging higher rates, and that changing the requirements for essential health benefits would weaken coverage.” [Miami-Herald, 5/2/19]
- Critics Argued That The Bill’s Authorized Short-Term And Association Health Plans Did Not Provide Sufficient Coverage And Could Trick Healthy Individuals With Cheaper Rates, Thus Hiking Premiums By Increasing The Number Of Sick People On Other Plans. According to the Miami-Herald, “They also contended that the short-term and association health plans authorized by the bill don’t provide enough coverage and could siphon away healthy people with cheaper rates. That, they added, would increase the number of sicker people on other plans and cause premiums to rise.” [Miami-Herald, 5/2/19]
- State Representative Nick Duran (D): The Bill Created Two Markets – One Market In Which People Pay Less But Hope To Stay Healthy, And Another “Pay Through The Nose” Market, In Which People With Pre-Existing Conditions Will Need To Finance A More Expensive Plan. According to the Miami-Herald, “‘What we’re really trying to do here is create two markets. We’re going to create the one market which is a lot cheaper, pay less and pray you stay healthy,’ said Rep. Nick Duran, D-Miami, on Wednesday. ‘The other one: pay through the nose. If you’re sick, if you have a pre-existing condition, well my gosh, you’re going to have to find a way to finance that plan because now you’re not going to be able to find those plans there.’” [Miami-Herald, 5/2/19]
2019: Ron DeSantis Signed Into Law Legislation That Authorized Shared Savings Incentive Programs For Insurers, Health Maintenance Organization, Insureds And Subscribers To Provide Financial Incentives For High Quality And Cost-Effective Non-Emergency Health Care Services. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 1113, which “provide[d] changes relating to health insurance coverage in the private sector, as well as the State Group Insurance program administered by the Department of Management Services (DMS) to provide access to high quality care and services in a more cost effective manner. Shared Savings Incentive Program The bill authorize[d] the creation of shared savings incentive programs, which are voluntary programs for insurers, health maintenance organizations, insureds, and subscribers, that are designed to provide financial incentives for insureds and subscribers to obtain high quality and cost effective delivery of health care services. The shoppable health care services are lower-cost, high-quality non-emergency services for which a shared savings incentive is available for insureds under the program. The insurers or HMOs who choose to participate must develop a website outlining the range of shoppable health care services within and outside of Florida.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 1113]
- The Patient Savings Act Enabled Health Insurers To Provide Incentives To Individuals Who Shop For High Quality, Low-Cost Health Care Services. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed CS/HB 1113: Health Insurance, also known as the Patient Savings Act. This legislation enables health insurers to offer incentives to Floridians who shop for high quality, lower cost healthcare services.” [Press Release - Governor Ron DeSantis, 6/12/19]
- The Bill Established A Framework For Health Insurers To Voluntary Create A Shared Savings Incentive Program For Certain Non-Emergency Services, Which Would Allow Floridians To Compare Pricing And Potentially Save Costs For Providers And Patients. According to Press Release - Governor Ron DeSantis, “CS/HB 1113 creates a framework for health insurers to voluntarily establish a shared savings incentive program for certain non-emergency healthcare services. This program not only encourages Floridians to compare pricing for routine services, but has the potential to provide savings to both patients and providers.” [Press Release - Governor Ron DeSantis, 6/12/19]
- The Bill Directed The Department Of Management Services To Enact Policies Regarding The State Group Health Insurance Program, Including To Authorize Formulary Management Techniques To Guarantee Access To Prescription Drugs At A Lower Costs, Saving The State Of Florida Up To $46 Million Annually. According to Press Release - Governor Ron DeSantis, “Additionally, CS/HB 1113 directs DMS to undertake several actions regarding the State Group Health Insurance Program, including authorizing the use of formulary management techniques to ensure access to the most clinically appropriate and effective prescription drugs at the lowest cost, with a projected savings to the state of up to $46 million annually.” [Press Release - Governor Ron DeSantis, 6/12/19]
2020: Ron DeSantis Signed Into Law Legislation That Prohibited Balance Billing In Instances Which An Insured Patient Was Transported By An Air Ambulance That Was Outside Of Their Provider Network And Required Insurers And Health Maintenance Organizations To Provide “Reasonable Reimbursement” To Air Ambulance Providers. In September 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 747, which “require[d] health insurers and health maintenance organizations (HMOs) to provide reasonable reimbursement to air ambulances for covered services. The bill define[d] the term, ‘reasonable reimbursement,’ to mean reimbursement that considers the direct cost to provide air ambulance transportation service to an insured or subscriber, the operation of an air ambulance service by a county that operates entirely within a designated area of critical state concern, and the in-network reimbursement established by the insurer or HMO for the specific policy or contract. The bill provide[d] that reasonable reimbursement may be reduced only by applicable copayments, coinsurance, and deductibles. Further, the bill provide[d] that payment in full by the insured or subscriber of his or her cost-sharing obligations constitutes an accord and satisfaction of, and a release of, any claim for monies owed by the insured or subscriber in connection with the air ambulance service. Currently, patients who are transported by air ambulance providers that are outside of provider networks of their respective insurer or HMO are at financial risk for balance billing, which is the difference between prices charged by providers and the payment rates established by insurers or HMOs. Any balance billing incurred by a patient is in addition to copayments or other types of cost-sharing typically paid under the insurance policy or HMO contract.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 747]
- The Bill Addressed “Balance Billing Disputes” In Circumstances When There Was No Contract In Place Between An Air Ambulance And The Insurance Company, And Balance Billing Led To Many Florida Residents Receiving Bills Between $30,000 To $40,000 For Air Ambulance Services Under 50 Miles. According to Florida Politics, “The 2020 law addresses balance billing disputes in instances when there is no contract between the air ambulance provider and the insurance company. Florida Blue presented lawmakers with data during debate on the proposal that showed it routinely received bills in the $30,000 to $40,000 range for air ambulance rides under 50 miles. In some cases, Florida Blue testified at the time, it had seen air ambulance companies file liens against patients’ homes for unpaid ambulance bills.” [Florida Politics, 10/13/21]
- The Bill Required Health Insurances And HMOs To Provide A “Reasonable Reimbursement” As Payment To Air Ambulance Providers And Any Mandated Co-Pay, Coinsurance Or Deductible From The Patient. According to Florida Politics, “The law requires air ambulance providers to accept as payment in full a ‘reasonable reimbursement’ from the insurance company or HMO and any required co-payment or coinsurance or deductible from the insured patient.” [Florida Politics, 10/13/21]
- A Federal Judge Dismissed A Challenge To The Bill By Air Ambulance Providers, Who Filed The Lawsuit Because The Law Banned Non-Contracted Air Ambulance Providers From “Balance Billing” Patients. According to Florida Politics, “A North Florida federal judge on Wednesday issued a final order dismissing a challenge to a 2020 law banning non-contracted air ambulance providers from ‘balance billing’ insured patients. Balance billing is a practice providers use to charge a patient the balance of bill not paid by insurance, and it can cost those left on the hook tens of thousands of dollars. Air Methods Corp. and Rocky Mountain Holdings LLC filed the suit.” [Florida Politics, 10/13/21]
- The Bill Only Applied To Health Plans Governed By Florida Law And Did Not Include Health Plans From National Companies That Do Business Outside Of Florida. According to News 4 JAX, “It was a surprise bill. Instead of hashing out the cost with the insurance company, the provider sent a bill to Jackson demanding payment. It’s a practice Florida restricted in 2020 when Gov. Ron DeSantis signed into law House Bill 747 banning these types of bills. But the law only applies to health plans governed by Florida law, so Floridians like Jackson who have a health plan through a national company that does business beyond Florida are not protected by the law.” [News 4 JAX, 12/14/21]
2020: Ron DeSantis Signed Into Law Legislation That Removed The $1 Million Lifetime Benefit Cap On Covered Costs For A Child Enrolled Under The Florida Healthy Kids Program, Thus Children Who Exceeded The Limit Were Prohibited From Being Unenrolled. In April 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 348, which “repeal[ed] the $1 million lifetime benefit maximum on covered expenses for a child enrolled in the Florida Healthy Kids (Healthy Kids) program. Under the bill, no child may be disenrolled from Healthy Kids because the dollar value of his or her benefits under the program has exceeded $1 million.” [Florida Senate, Accessed on 9/13/22; Florida Senate, S.B. 348]
2019: Ron DeSantis Signed Into Law Legislation That Directed School Districts To Adopt A Standardized Suicide Assessment Tool For School-Based Mental Health Experts To Use Before They Begin An Involuntary Examination Of A Minor, And Increased The Data Collected On Involuntary Examination On Minors. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1418, which “encourage[d] school districts to adopt a standardized suicide assessment tool that school-based mental health professionals would implement prior to initiation of an involuntary examination. The second recommendation increases the number of days, from the next working day to five working days that the receiving facility has to submit forms to DCF. This will allow DCF to capture data on whether the minor was admitted, released, or a petition filed with the court. The bill also increase[d] data gathered on involuntary examinations and requires DCF to submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives, every two years on its findings and recommendations related to involuntary examinations initiated on minors.” [Florida Senate, Accessed on 8/23/22; Florida Senate, S.B. 1418]
- The Florida Mental Health Act Permitted Voluntary And Certain Involuntary Examinations Of Mental Illness For People Who Presented A Threat Of Harming Themselves Or Others And Established Judicial And Health Care Procedures For The Examinations. According to the Florida Senate, “The Florida Mental Health Act, also known as the Baker Act, allows for voluntary and, under certain circumstances, involuntary, examinations of individuals suspected of having a mental illness and presenting a threat of harm to themselves or others, and establishes procedures for courts, law enforcement, and certain health care practitioners to initiate such examinations and then act in response to the findings.” [Florida Senate, Accessed on 8/23/22]
- The Bill Enacted Two Recommendations From The Department Of Children And Families Task Force On The Mental Health Act Involving Minors, Which Concluded That Florida And Some Counties Had Higher Involuntary Examinations Of Minors Recently. According to the Florida Senate, “The bill implements two recommendations of a Department of Children and Families (DCF) task force on Baker Act cases involving minors. […] The task force found that Florida has seen an increasing trend statewide and in certain counties to initiate involuntary examinations of minors in recent years.” [Florida Senate, Accessed on 8/23/22]
- The Bill Required Mental Health Service Providers To Notify Law Enforcement If A Patient Makes A Specific Threat Against An Individual, Required Law Enforcement To Notify The Target Of The Threat Made, And Provided Immunity To Service Providers Who Acted In Good Faith. According to the Florida Senate, “The bill also requires that when a patient communicates a specific threat against an identifiable individual to a mental health service provider, the provider must notify law enforcement of the potential threat. The bill further requires that law enforcement notify the target of the threat presented. The bill provides immunity from civil and criminal liability to service providers acting in good faith when releasing such information.” [Florida Senate, Accessed on 8/23/22]
2019: Ron DeSantis Signed Into Law Legislation That Created A Public Records Exemption For Mental Health Examinations, Pleadings, Orders And Personal Information. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 838, which “create[d] new exemptions from the public records inspection and access requirements of Art. 1, s. 24(a) of the State Constitution and s. 119.07(1), F.S. The bill ma[de] confidential and exempt pleadings, orders, and personal identifying information on Baker Act proceedings. The information may be disclosed upon request to certain persons involved in the proceedings, certain agencies, or when directed by the court. The Florida Mental Health Act, also known as the Baker Act, allows for voluntary and, under certain circumstances, involuntary, examinations of individuals suspected of having a mental illness and presenting a threat of harm to themselves or others, and establishes procedures for courts, law enforcement, and certain health care practitioners to initiate such examinations and then act in response to the findings. The bill provide[d] that the exemptions are subject to the Open Government Sunset Review Act, and stand repealed on October 2, 2024, unless reviewed and saved from repeal by the Legislature. The bill also provide[d] a statement of public necessity as required by the State Constitution.” [Florida Senate, Accessed on 8/23/22; Florida Senate, S.B. 838]
¶ Children’s Mental Health And Crisis Stabilization
2020: Ron DeSantis Signed Into Law Legislation That Required The Department Of Children And Families And The Agency For Health Care Administration To Identify Children And Adolescents Who Use Crisis Stabilization And To Meet Their Mental Health Needs. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 945, which “[r]equire[d] DCF & AHCA to identify children & adolescents who use crisis stabilization services & to meet behavioral health needs of such children & adolescents; require[d] development of plans promoting coordinated system of care for certain services; require[d] testing of provider network databases maintained by Medicaid managed care plans; require[d] verification of use of certain strategies & outreach before student is removed from school, school transportation, or school-sponsored activity under specified circumstances; provide[d] exception; require[d] DCF & AHCA to assess quality of care provided in crisis stabilization units.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 945]
- The Bill Focused On Mobile Response Teams, Coordination Of Children’s Mental Care And Crisis Stabilization Services. According to The Town-Crier, “Silvers filed the bill with input from the Department of Children & Families and the Marjory Stoneman Douglas Public Safety Commission. The bill focuses on three areas: mobile response teams, the coordination of children’s system of care and crisis stabilization services. The bill was sponsored by State Sen. Bobby Powell (D-District 30) in the Florida Senate.” [Town-Crier, 3/20/20]
- The Bill Permitted School Districts To Use Mobile Response Units And Crisis Stabilization Service As The Primary Way Of Assisting Children Needing Mental Care And The Bill Ensured Parents And Guardians Access To The Mobile Crisis Providers. According to The Town-Crier, “The bill allows for school districts to utilize mobile response units and crisis stabilization services as a first line of assistance to children needing mental health care. Additionally, the bill will further ensure that parents and guardians will have access to mobile crisis providers and will create a model protocol for school districts to utilize.” [Town-Crier, 3/20/20]
¶ Staff Requirement Changes And Change Of Ownership Process
2022: Ron DeSantis Signed Into Law Legislation That Revised Nursing Home Staff Requirements By Lowering Nursing Care Hour Requirements And Allowing Other Trained Professionals To Provide Care, And Revised The Process For Change Of Ownership Of Nursing Homes By Requiring Notification To Claimants Of Outstanding Settlements. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1239, which “[s]pecifie[d] functions that do not constitute direct care staffing hours for purposes of required nursing home staffing ratios; require[d] facilities to determine their direct care staffing needs based on certain assessment & resident care plan; revise[d] nursing home staffing requirements; revise[d] provisions relating to applications for change of ownership; revise[d] provisions relating to facility's failure to comply with minimum staffing requirements.” [Florida Senate, Accessed on 10/26/22; Florida Senate, H.B. 1239]
- The Bill Cut The Minimum Required Direct Nursing Care By 20% At Nursing Homes. According to Florida Politics, “The required minimum amount of direct ‘nursing’ care that nursing home residents receive will drop by 20%, according to legislation that Gov. Ron DeSantis signed into law Wednesday evening.” [Florida Politics, 4/6/22]
- Elderly Advocates Argued The Bill Put Nursing Home Residents At Risk. According to Florida Politics, “In signing HB 1239, the Governor brushed aside criticism from advocates for the elderly who said it puts nursing home residents at risk. and delivered a victory to Florida’s long term care industry, which has tried for years to pare back the mandatory nursing hour requirements.” [Florida Politics, 4/6/22]
- AARP Of Florida Urged Ron DeSantis To Veto The Bill, Arguing The Legislation Did Not Address The Staffing Crisis In Long-Term Care, Instead Deepening Worker Burnout, While The Industry Protects Their Profits. According to Florida Politics, “AARP Florida State Director Jeff Johnson sent DeSantis a letter last month urging the Governor to veto the bill. Johnson said in a statement Wednesday that it was ‘deeply disappointing’ for the Governor to OK the law considering that 40% of licensed nursing homes are on an Agency for Health Care Administration watch list. ‘Nursing home staff will have to do more with less help because of this new law,’ Johnson said. ‘This legislation does absolutely nothing to address the industry’s chronic staffing crisis, and AARP anticipates even further increases in worker burnout and CNA job losses.’ ‘Let’s be clear: Nursing homes won’t magically have fewer patients to care for, they will have fewer trained staff to care for them. It’s appalling, but not surprising, that the nursing home industry’s desperation to protect its profits means putting patients at even more risk in these facilities. Floridians deserve better.’” [Florida Politics, 4/6/22]
- The Bill Required Nursing Homes To Provide Two Hours Of Nursing Assistant Care Per Resident Per Day, Reducing The Time From 2.5 Hours, While Preserving The Current Requirement Of One Hour Of Licensed Nursing Care Per Resident Per Day. According to Florida Politics, “Effectively immediately, nursing homes will be required to provide two hours of certified nursing assistant care per resident per day, a reduction from the current 2.5-hour requirement. The mandate that one hour of licensed nursing care be provided per resident, per day, remains in effect under the new law.” [Florida Politics, 4/6/22]
- The Bill Eliminated A 3.6 Hour Of “Nursing” Care Mandate And Replaced It With 3.6 Hours Of “Direct Care,” Which Included 3 Hours Of “Nursing” Hours And 0.6 Hours Could Be Provided By Pharmacy, Dietary, Mental Health, Or Dental Workers. According to Florida Politics, “However, the requirement that 3.6 hours of ‘nursing’ care be provided to each resident has been eliminated under the new law and replaced by a requirement that facilities provide 3.6 hours of ‘direct care’ to the resident per day. The mandated three ‘nursing’ hours can be included in the 3.6-hour requirement, but the remaining 0.6 hours can be provided by pharmacy, dietary, therapeutic, dental, podiatry, or mental health service workers and paid feeding assistants.” [Florida Politics, 4/6/22]
- The Bill Required Nursing Homes With Unpaid Settlements To Inform Each Pending Claimant Or Claimant’s Lawyer Of A Pending Ownership Change And The Claimants Have 30 Days To Object To The Change, All To Hinder Nursing Homes From Using Ownership Changes To Avoid Paying The Outstanding Settlements. According to Florida Politics, “Another change cracks down on nursing homes that change ownership to try to avoid paying outstanding settlements. When the new law takes effect, nursing homes with outstanding unpaid settlements will be required to inform each pending claimant or the claimant’s attorney of a pending change of ownership. Claimants or their attorneys have 30 days to object to the change in ownership.” [Florida Politics, 4/6/22]
2020: Ron DeSantis Signed Into Law Legislation That Prohibited Discrimination By Health Care Facilities And Health Insurers From Denying An Individual’s Organ Transplant Service Based Solely On The Individual’s Disability. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1179, which “prohibit[ed] discrimination by specified ‘covered entities’ from denying, refusing to allocate, or lowering an individual’s priority for organ transplant services, solely on the basis of an individual’s developmental or intellectual disability. Under the bill, ‘covered entity’ includes health care practitioners, health care facilities, and any other entity responsible for potential recipients of anatomical gifts or organ transplants. […] The bill prohibit[ed] health insurers and health maintenance organizations that provide transplant coverage, from denying coverage for an organ transplant based solely on an individual’s disability. The bill provide[d] that this restriction may not be construed to require an insurer or health maintenance organization to provide coverage for an organ transplant that is not medically necessary.” [Florida Senate, Accessed on 9/16/22; Florida Senate, H.B. 1179]
- The Bill Ensured Disabled Individuals Could Receive Organ Donations Without Discrimination By Preventing Health Care Facilities And Insurers From Denying Organ Transplant Services To Disabled People Based Solely On Their Development Or Intellectual Disabilities. According to Florida Politics, “The Senate unanimously approved on Wednesday a House bill ensuring people with disabilities can receive organ transplants without fear of discrimination. Jacksonville Republican Rep. Jason Fischer’s bill (HB 1179) would prevent health care facilities, insurers and other entities from denying organ transplant services to people with developmental or intellectual disabilities solely on that basis.” [Florida Politics, 3/11/20]
- The Bill Established A Framework In State Law For Individuals Who Were Discriminated Against To Seek Recourse. According to Florida Politics, “Fischer, on the House floor before that chamber passed the bill, had asserted that discrimination reporting is low because people don’t know they can file to see why a transplant was denied. The bill outlines a framework in state law for people to seek recourse.” [Florida Politics, 3/11/20]
¶ Parental Notification And Consent
2022: Ron DeSantis Signed Into Law Legislation That Allowed Physicians To Provide Emergency Medical Care To Minors At Any Location Without Parental Consent If The Parental Consent Cannot Be Given Immediately. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 817, which “broaden[ed] an exception to the general rule that medical treatment cannot be rendered without a patient’s consent. Under current law, parental consent is required for a physician to provide emergency medical care to a minor unless the care is rendered in a hospital or college health service. The bill delete[d] restrictions on location, thereby allowing physicians to provide emergency medical care or treatment to a minor at any location without the consent of the minor’s parent under specified conditions when parental consent cannot be immediately obtained. The bill continue[d] the requirements of current law that the need for care be the result of a genuine emergency and that appropriate medical personnel first attempt to identify and contact the minor’s parents, guardian, or legal custodian to obtain consent before providing emergency care of treatment. The bill does not disturb the longstanding principle that children do not have the legal capacity to consent to treatment.” [Florida Senate, Accessed on 10/24/22; Florida Senate, H.B. 817]
- The Bill Allowed Doctors To Provide Medical Emergency Care On Minors In Several Locations, Such As Soccer Fields And Grocery Stores, Without Parental Consent. According to the Florida Phoenix, “Doctors will be able to perform emergency medical care on minors in various locations — from soccer fields to grocery stores and other venues — without parental consent, according to Gov. Ron DeSantis. The governor signed the bill, HB 817, on Wednesday evening, part of a stack of bills passed by the Florida Legislature in the 2022 legislative session. The new law will take effect July 1, 2022.” [Florida Phoenix, 4/7/22]
2019: Ron DeSantis Signed Into Law Legislation That Required Plastic Surgeons Offices That Perform Liposuctions To Register With The Department Of Health. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 732, which “authorize[d] the Department of Health to register and regulate office surgeries. The bill create[d] ss. 458.328 and 459.0138, F.S., which both require an office in which a physician performs any of the following procedures to register with the department unless they are licensed under chs. 390 and 395, F.S.: a liposuction procedure in which more than 1,000 cc. of fat is removed; a Level II office surgery; or a Level III office surgery.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 732]
- The Bill Required Plastic Surgery Centers To Register With Florida’s Department Of Health, And If Physicians Who Work At Plastic Centers Fail To Register, Their Licenses Could Be Suspended. According to News 4 JAX, “The House on Wednesday gave final approval to a measure (SB 732) that would require plastic surgery centers to register with the state health department. Physicians who work at centers and should be registered with the state -- but aren’t -- also would risk having their licenses suspended.” [News 4 JAX, 5/2/19]
- The Bill Required Each Plastic Surgery Facility To Designate A Physician Who Would Be Responsible For The Office And Ensure The Facility Was Complying With The Regulations. According to News 4 JAX, “Moreover, the bill would require each facility to designate a physician who is responsible for the office and ensure it is in compliance with all rules and regulations.” [News 4 JAX, 5/2/19]
- The Bill Required The Department Of Health To Inspect The Plastic Surgery Centers Annually, Including Patient Records, And The Department Was Authorized To Revoke Or Suspend Registrations If A Facility Were To Fail Compliance. According to News 4 JAX, “The bill also would require the Department of Health to inspect registered offices at least annually, including a review of patient records, to ensure compliance with the rules. The department could suspend or revoke the registration of an office for failure of any of its physicians, owners, or operators to comply with the rules.” [News 4 JAX, 5/2/19]
2019: Ron DeSantis Signed Into Law Legislation That Established The Canadian Prescription Drug Importation Program And The International Prescription Drug Importation Program, Both Contingent On Federal Approval. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 19, which “establishe[d] two programs to import prescription drugs approved by the federal Food and Drug Administration (FDA) into the state, contingent on federal approval: The Canadian Prescription Drug Importation Program (CPDI Program) established by the Agency for Health Care Administration (AHCA) and the International Prescription Drug Importation Program (IPDI Program) established by the Department of Business and Professional Regulation (DBPR) in collaboration with the Department of Health (DOH).” [Florida Senate, Accessed on 8/29/22; Florida Senate, H.B. 19]
2019: Ron DeSantis Vetoed Legislation That Would Have Implemented International Export Pharmacy Permit Fees And International Prescription Drug Wholesale Distributor Permit Fees. In June 2019, according to the Florida Senate, Ron DeSantis vetoed House Bill 7073, which would have “[r]equire[d] initial & renewal fees for international export pharmacy permits; require[d] late renewal fees & annual permit & inspection fees for international prescription drug wholesale distributors.” [Florida Senate, Accessed on 9/12/22; Florida Senate, H.B. 7073]
- The Bill Would Have Allowed The State To Impose Fees For An International Export Pharmacy Permit And An International Drug Wholesale Distributor Permit. According to CBS News, “One of the measures (HB 7073) involved fees linked to an initiative to allow prescription drugs to be imported from Canada and other countries. The bill would have authorized the state to collect fees for two new types of permits: an international export pharmacy permit and an international drug wholesale distributor permit. The Florida Board of Pharmacy has already started moving to create the international export pharmacy permit and has published an initial draft application that included a $255 fee.” [CBS News, 6/28/19]
2020: Ron DeSantis Signed Into Law Legislation That Established The Prescription Drug Donation Repository Program To Accept Donations Of Unused Prescription Drugs And Distribute Such Prescriptions To Eligible Patients. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 177, which “create[d] the Prescription Drug Donation Repository Program (program) within the Department of Health (DOH) to facilitate the donation and distribution of prescription drugs and supplies to eligible patients in the state.” [Florida Senate, Accessed on 9/13/22; Florida Senate, H.B. 177]
- The Bill Removed A Previous Requirement That Mandated The Destruction Of Unused And Unopened Medications And Permitted Such Unused Medications To Be Donated Through A Distribution Program. According to Turning Point of Tampa, “Revises a previous law that required the destruction of unused, unopened medications, to allow them to be donated through a designated distribution program.” [Turning Point of Tampa, 7/30/20]
¶ Proprietary Drugs And Cosmetics
2020: Ron DeSantis Signed Into Law The Florida Drug And Cosmetic Act, Which Established State Preemption Over The Regulation Of Over-The Counter Proprietary Drugs And Cosmetics, Including Sunscreen. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 172, which “expressly preempt[ed] to the state the regulation of over-the-counter proprietary drugs and cosmetics, which includes sunscreen. Florida law does not currently preempt the regulation of such products; therefore local governments may pass ordinances regulating products like sunscreen as long as such ordinances do not conflict with state or federal law. The bill’s preemption provisions would end this local regulation practice.” [Florida Senate, Accessed on 9/13/22; Florida Senate, S.B. 172]
2019: Ron DeSantis Vetoed Legislation That Would Have Required Out-Of-State Health Care Providers To Pay An Application Fee And Biennial Renewal Fee When Registering With The State Of Florida To Provide Telehealth Services. In June 2019, according to the Florida Senate, Ron DeSantis vetoed House Bill 7067, which would have “[r]equir[ed] an out-of-state health care provider to pay an application fee and biennial renewal fee to be registered to provide telehealth services in this state.” [Florida Senate, Accessed on 9/12/22; Florida Senate, H.B. 7067]
- Doctors Licensed In Florida Pay A $340 Application Fee And $355 For Their Initial Licenses, Whereas Out-Of-State Doctors Who Register In Florida To Provide Telehealth Services Do Not Pay Any Fees. According to Naples Daily News, “Florida-licensed doctors pay a $350 application fee and $355 for their initial licenses, according to a state website. But out-of-state physicians can register with the state to begin providing telehealth without paying a dime. ‘It’s patently unfair,’ said Jacksonville health care attorney and lobbyist Chris Nuland, whose clients include physician organizations.” [Naples Daily News, 7/26/19]
2021: Ron DeSantis Signed Into Law Legislation That Required Written Consent Forms To Inform Patients Of Multiple Pelvic Exams, Narrowed The Definition Of “Pelvic Examination,” And Required Written Consent To Perform A Pelvic Exam On Patients Who Were Anesthetized Or Unconscious. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 716, which “[r]evis[ed] the definition of the term ‘pelvic examination’; revis[ed] the circumstances under which a pelvic examination may be performed without consent; provid[ed] that certain health care practitioners and students need only obtain written consent for the initial pelvic examination for certain patients under certain circumstances; requir[ed] such written consent form to inform the patient that multiple pelvic examinations may be conducted during the course of care and treatment, etc.” [Florida Senate, Accessed on 10/3/22; Florida Senate, S.B. 716]
- The Bill Clarified That Consent Would Apply To Patients Who Were Anesthetized Or Unconscious And Biological Females, And Clarified That Extra Consent Would Not Be Required In Pelvic Exams In Which The Patient Or Their Legal Represented Has Consented, Such As Patients Who Show Up For A Gynecological Exam. According to Florida Politics, “Book’s follow-up bill eliminates that language and replaces it with ‘organs of the female internal reproductive system.’ Only those such exams require heightened levels of consent, making clear the bill applies to biological females. The consent measures will also now apply to ‘an anesthetized or unconscious’ patient, seeking to remove the extra layer of scrutiny for a conscious patient. And where pelvic exams are ‘in the standard of care for a procedure to which the patient or the patient’s legal representative has consented,’ extra consent would not be required. That covers patients who, for instance, willingly show up for a gynecological exam.” [Florida Politics, 4/27/21]
- During The 2020 Legislative Session, A Bill Was Passed That Required Affirmative Consent Before Performing Pelvic Exams On Patients, But Reports Revealed That Medical Students Were Able To Perform Pelvic Exams On Anesthetized Patients Who Agreed To The General Exam But Did Not Consent To Other Invasive Procedures. According to Florida Politics, “The House has signed off on a bill clarifying 2020 legislation requiring affirmative consent before conducting pelvic exams. Last year’s bill and this year’s clarifying measure (SB 716) both come from Sen. Lauren Book, a Plantation Democrat. The Senate has already approved Book’s clarifying measure. Tuesday’s House vote means the bill can now head to the Governor’s desk. During last year’s Legislative Session, Book cited shocking reports showing medical students could perform pelvic checks on anesthetized patients who may agree to a general exam routine but don’t explicitly consent to those more invasive procedures.” [Florida Politics, 4/27/21]
- Doctors Claimed The 2020 Bill Was Too Vague And Were Concerned That Consent Was Mandating For Checking Diaper Rashes On Babies And Other Procedures. According to Florida Politics, “The bill, as approved by lawmakers and signed by the Governor, caused some confusion, however. Doctors said the bill was too vague and expressed concern consent would be required for checking infants for diaper rashes or other procedures not meant to be covered.” [Florida Politics, 4/27/21]
- Before The Florida Board Of Medicine Ruled That The 2020 Consent Bill Applied To Only Women, There Was Ambiguity If The Consent Requirement Applied To Men Seeking A Prostate Exam. According to Florida Politics, “Another issue arose as to whether the bill applied to men, who could be affected when seeking a prostate exam, for instance. In October, the Florida Board of Medicine ruled the 2020 law was only meant to apply to women.” [Florida Politics, 4/27/21]
¶ Uterine Fibroid Research And Education
2022: Ron DeSantis Signed Into Law Legislation That Required The Florida Department Of Health To Develop A Uterine Fibroids Online Database With The Intent To Encourage Research On Uterine Fibroid Diagnoses And Treatments And Prevent Women From Developing Uterine Fibroids. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 543, which “require[d] the Department of Health (DOH) to develop and maintain an electronic database of information related to uterine fibroids. The purpose of the database is to encourage research relating to the diagnosis and treatment of uterine fibroids and to ensure that women are provided with the relevant information and health care necessary to prevent and treat uterine fibroids. The bill require[d] specified health care providers to submit information to the DOH regarding the diagnosis or treatment of women with uterine fibroids for inclusion in the database. The bill define[d] health care providers as physicians or physician assistants licensed under chs. 458 or 459, F.S., and advanced practice registered nurses licensed under ch. 464, F.S. The database must include, but need not be limited to: Incidence and prevalence of women diagnosed with uterine fibroids in the state. Demographic attributes of women diagnosed with uterine fibroids in the state. Treatments and procedures for uterine fibroids used by health care providers in the state. The bill prohibit[ed] the database from including personal identifying information. The bill requires the DOH to develop and include information related to uterine fibroids in its women’s health care educational materials made available to the public under preexisting law. Such information in the materials must include possible risk factors for developing uterine fibroids and the range of available treatment options that are considered alternatives to a hysterectomy. The bill appropriate[d] $121,852 in recurring funds and $681,048 in nonrecurring funds from the General Revenue Fund and one full-time equivalent position to the DOH for the purpose of implementing the bill.” [Florida Senate, Accessed on 10/21/22; Florida Senate, H.B. 543]
¶ Incentives For Developers And Expedited Development Approvals
2019: Ron DeSantis Signed Into Law Legislation That Required Local Governments To Provide Financial Incentives To Offset All Costs For Developers Associated With Their Affordable Housing Contribution And Shortened Review Deadlines By Counties For Development Applications. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7103, which “[r]equir[ed] a county to provide certain incentives to fully offset all costs to the developer of its affordable housing contribution; require[ed] that a county review the application for completeness and issue a certain letter within a specified period after receiving an application for approval of a development permit or development order; requir[ed] the holder of certain impact fee credits to be entitled to a certain benefit if a local government increases its impact fee rates; require[ed] condominium associations to ensure compliance with the Florida Fire Prevention Code, etc.” [Florida Senate, Accessed on 9/1/22; Florida Senate, H.B. 7103]
- The Bill Could Restrict Local Governments’ Ability To Build Affordable Housing And Required Entities Who Lose Development Disputes In Court To Pay Both Parties’ Legal Expenses. According to the Tampa Bay Times, “Florida lawmakers approved a bill Friday that could restrict local governments’ ability to create affordable housing units, as well as require that those who lose development disputes in court to pay both parties’ legal fees.” [Tampa Bay Times, 5/3/19]
- The Bill Placed Extra Restrictions On Local Zoning Decisions And Hurdles For Future Local Affordable Housing Developments. According to the Tampa Bay Times, “The change place additional restrictions on zoning decisions local governments make and could throw up road blocks for future local measures that tie affordable housing creation to new developments, although the approved legislation is not as broadly restrictive as a previous version.” [Tampa Bay Times, 5/3/19]
- The Bill Allowed Inclusionary Zoning That Could Require Developers To Set A Percentage Of Units For Low-Income Residents But Required Any Associated Expenses To Be Offset By Incentives Such As Bonuses Or Waived Fees. According to the Tampa Bay Times, “House Bill 7103, which the state Senate passed by a 26-13 vote Friday morning, would allow inclusionary zoning that can require developers set aside a certain percentage of units for residents with low incomes, but requires that any associated costs to the developer be fully offset by incentives like bonuses or waived fees.” [Tampa Bay Times, 5/3/19]
- The Bill Imposed A 30-Day Limit For A Local Government To Review Development Or Permit Applications And Provide Procedures To Address Deficiencies And Shortened How Long Departments May Review A Permit Application By 10 Days. According to the Tampa Bay Times, “The Senate’s version of the bill still imposes a 30-day time limit for a county or municipality to review development applications or permit applications and issue procedures for addressing deficiencies, and it shortens how long departments have to review a permit application from 30 days to 20.” [Tampa Bay Times, 5/3/19]
- State Representative Anna Eskamani (D): The Bill Could Preempt Local Control Of Housing Needs At A Time When Affordable Housing Is A “Multifaceted Crisis In Our State.” According to the Tampa Bay Times, “Rep. Anna Eskamani, D-Orlando, was among the Democrats who largely voted against the bill, calling affordable housing ‘a multifaceted crisis in our state.’ She added she was critical of any legislation that might preempt local control of policies but particularly any related to housing needs. ‘It’s place-based. Our local governments know how to solve these problems.’” [Tampa Bay Times, 5/3/19]
- The League Of Cities And The Florida Association Of Counties Opposed The Bill, Arguing That Local Governments Needed The Freedom To Set Affordable Housing Requirements And That Shortening Deadlines Would Provide Less Time To Review The Building Of Grand Real Estate Projects. According to the Tampa Bay Times, “The bill, during weeks of committee meetings, had been fought by several groups representing local governments, from the League of Cities to the Florida Association of Counties. They contended that counties and municipalities needed to retain the freedom to set mandates on affordable housing, and that shortening deadlines as the bill does would give communities less time to review the construction of large real estate projects nearby.” [Tampa Bay Times, 5/3/19]
- Lawmakers And Home Builder And Community Developer Lobbyists Argued The Bill Would Control Construction Costs By Mandating Incentives And Expediting Approvals, Which Would Effectively Lower Rests And Prices. According to the Tampa Bay Times, “But lawmakers in support, buoyed by groups representing home builders and community developers, had argued that the bill would control building costs by requiring the incentives and expediting approvals, to subsequently lower rents and sale prices.” [Tampa Bay Times, 5/3/19]
2020: Ron DeSantis Signed Into Law Legislation That Authorized Local Governments To Approve Affordable Housing Developments On Any Parcel Zoned For Residential, Commercial Or Industrial Use. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1339, which “[a]uthoriz[ed] a board of county commissioners to approve development of affordable housing on any parcel zoned for residential, commercial, or industrial use; amend[ed] the Florida Interlocal Cooperation Act of 1969 to authorize private entities to enter into specified loan agreements; revis[ed] the information required to be annually submitted by municipal budget officers to the Office of Economic and Demographic Research; renam[ed] the Community Workforce Housing Innovation Pilot Program as the Community Workforce Housing Loan Program to provide workforce housing for persons affected by the high cost of housing, etc.” [Florida Senate, Accessed on 9/16/22; Florida Senate, H.B. 1339]
- The Bill Facilitated The Development Of Affordable Housing In Florida By Allowing Local Governments To Approve Affordable Housing Development Son Any Parcel Zoned For Residential, Commercial Or Industrial Use As Long As It Does Not Contract Any Other Regulation. According to JD Supra, “On June 10, Gov. Ron DeSantis signed HB 1339 into law, making it easier to develop affordable housing throughout Florida. A notable provision within the pages of HB 1339, now Chapter 2020-27, Laws of Florida, allows cities and counties to approve affordable housing developments on any parcel of property zoned for residential, commercial, or industrial use, ‘notwithstanding any other law or local ordinance or regulation to the contrary.’” [JD Supra, 6/13/20]
- The Bill Removed The Hurdle Of Needing To Rezone Property That Was Not Provided Authorization For Residential Development. According to JD Supra, “In theory, this new provision streamlines the process to approve affordable housing developments by removing the hurdle of rezoning property that previously did not specifically provide authorization for any kind of residential development. Similarly, HB 1339 could also be used as a defense if opponents to a newly approved affordable housing development attempted to challenge the development by arguing the approval was inconsistent with the local government’s comprehensive plan or that the approval was somehow ‘spot-zoning.’” [JD Supra, 6/13/20]
- While Approvals For Affordable Housing Develops Will Continue To Be Made At The Local Level, The Bill Would Establish A Less Burdensome Process To Increase More Affordable Housing Throughout The State. According to JD Supra, “Although any decision to approve new affordable housing developments will still be up to the local government, HB 1339 provides what may become a less burdensome path to increase much needed affordable housing stock throughout Florida.” [JD Supra, 6/13/20]
2022: Ron DeSantis Signed Into Law Legislation That Created The “Reinsurance To Assist Policyholders” Program, Provided $150 Million To The “My Safe Florida Home Program” To Provide Grants To Make Homes Safer Against Hurricanes, Limited Attorney’s Fees In Insurance Cases, And Regulated Certain Coverage Denials. In May 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2-D, which “[c]reat[ed] the Reinsurance to Assist Policyholders program to be administered by the State Board of Administration; requir[ed] certain property insurers to obtain coverage under the program; revis[ed] homeowner eligibility criteria for mitigation grants; requir[ed] claimants to establish that property insurers have breached the insurance contract to prevail in certain claims for damages; requir[ed] the Office of Insurance Regulation to aggregate on a statewide basis and make publicly available certain data submitted by insurers and insurer groups, etc. APPROPRIATION: $150,000,000.” [Florida Senate, Accessed on 11/2/22; Florida Senate, S.B. 2-D]
- The Bill Created A $2 Billion Reinsurance Fund And Amended Rules On Coverage Denials And Attorney Fees, Attempting To Mitigate Increasing Costs And Insurer Losses. According to the Associated Press, “Florida Gov. Ron DeSantis on Thursday signed into a law sweeping property insurance legislation that creates a $2 billion reinsurance fund and rewrites rules on coverage denials and attorney fees, in a move to stabilize rising costs and insurer losses.” [Associated Press, 5/26/22]
- The Bipartisan Bill Was Described As A Significant First Step In Fixing The Homeowner’s Insurance Market That Is Struggling With Insurer Insolvencies, Policy Cancellations And Increased Costs. According to the Associated Press, “In the statehouse, the bills largely moved with bipartisan support, with lawmakers describing the package as a meaningful first step in repairing a market plagued by insurer insolvencies, policy cancelations and rising insurance costs.” [Associated Press, 5/26/22]
- Democrats Criticized The Bill For Not Doing Enough To Provide Immediate Financial Relief To Homeowners Who Experienced Increased Premiums As Republicans Recognized It Would Take One To One And A Half Years For Prices To Lower. According to the Associated Press, “The main point of criticism from Democrats, the minority party, was that the legislation does not do enough to grant immediate financial relief to homeowners whose premiums have increased. Republicans acknowledged it would take 12 to 18 months before prices may drop.” [Associated Press, 5/26/22]
- The Bill Created A $2 Billion “Reinsurance To Assist Policyholders” Program For Insurers To Buy Insurance, Insurers Would Have To Decrease Rates To Access The Fund, And Grants Would Be Offered Up To $10K To Ensure Certain Homes Become Less Vulnerable To Hurricane Damage. According to the Associated Press, “The new laws would create the $2 billion Reinsurance to Assist Policyholders program for insurers to purchase insurance to help insulate themselves from risk. Insurers would have to reduce policyholders’ rates to access the state reinsurance fund. It also offers grants of up to $10,000 to outfit homes so they are less vulnerable to hurricane damage, if the homes meet certain criteria.” [Associated Press, 5/26/22]
- The Bill Prohibited Insurances From Denying Coverage Because Of A Home’s Roof Being Less Than 15 Years Old And Allowed Homeowners With Roofs Older Than 15 Years Old To Get An Inspection Before They Are Denied Coverage. According to the Associated Press, “The legislation forbids insurers from automatically denying coverage because of a roof’s age if the roof is less than 15 years old. Homeowners with roofs 15 years or older would be allowed to get an inspection before insurers deny them coverage.” [Associated Press, 5/26/22]
- The Bill Limited Several Attorney Fees In Insurance Cases, Which Insurance Companies Claim Is The Reason Why Rates Have Increased. According to the Associated Press, “The legislation also seeks to limit various attorney fees in insurance-related cases, which insurers blame for much of the rate increases for policyholders. Supporters of the legislative package have frequently noted that Florida accounted for 9% of all insurance claims filed nationally but nearly 80% of all the property insurance lawsuits.” [Associated Press, 5/26/22]
2020: Ron DeSantis Signed Into Law Legislation That Eliminated Discriminatory Restrictions For Certain Real Estate Documents And Clarified That A Housing Discrimination Victim Is Not Required To Exhaust Administrative Remedied Before Filing A Lawsuit. In September 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 374, which ‘“extinguishe[d]’ ‘discriminatory restrictions’ from certain real estate documents, such as deeds, and clarifie[d] that under the Florida Fair Housing Act a victim of housing discrimination is not required to exhaust administrative remedies before filing a civil action. Current federal and state law prohibit discrimination on the basis of race and several other characteristics in the sale, lease, or use of real property. Nonetheless, discriminatory restrictive covenants and other instruments remain in the records of many counties and can still be found in a title search. Moreover, current law does not appear to provide a way to strike or otherwise disavow these provisions in the public records. The bill ‘extinguishe[d]’ ‘discriminatory restrictions’ from title transactions, such as deeds, and expressly states that the restrictions are unlawful, unenforceable, and null and void. The bill also provide[d] for summary removal of discriminatory restrictions from the governing documents of a property owners’ association. Additionally, the bill clarifie[d] that under the Florida Fair Housing Act (FFHA) an alleged victim of housing discrimination may file a civil action regardless of whether: He or she has filed a complaint with the Florida Commission on Human Relations; The Commission has resolved a complaint (if the victim chose to file one); or Any particular amount of time has passed since the victim filed a complaint with the Commission. Alternatively, a victim may proceed directly to filing a petition with the Division of Administrative Hearings.” [Florida Senate, Accessed on 9/13/22; Florida Senate, S.B. 374]
- The Bill Removed Outdated And Racist Language Contained In Certain Real Estate Documents. According to Tallahassee Democrat, “A new Florida law tears away the red tape associated with the removal of outdated and racist language embedded in certain real estate documents. Gov. Ron DeSantis signed the law (SB 374) last Friday after a yearlong effort that began in Tallahassee and gained legislative traction, although some say it’s but the ‘first step’ in addressing a convoluted process.” [Tallahassee Democrat, 9/9/20]
- 2019: A Tallahassee Criminal Defense Attorney Exposed A Racist Yet Unenforceable Section Of A Covenant For A Home She Wanted To Purchase, Which Read That No Person Of Color Could Own, Use Or Occupy Any Property In The Subdivision. According to Tallahassee Democrat, “Last summer, Tallahassee criminal defense attorney Anabelle Dias exposed a racially charged but unenforceable section of a seven-page covenant for a home she’d planned to purchase in Betton Hills. It said, ‘No person of other than the Caucasian race shall own, use or occupy any property in said subdivision except that this covenant shall not prevent occupancy by domestic servants of a different race or nationality employed by an owner or tenant.’” [Tallahassee Democrat, 9/9/20]
2020: Ron DeSantis Signed Into Law Legislation That Codified The Federal Protecting Tenants At Foreclosure Act Into State Law, Which Required Successors In Interest To Give Tenants A 90-Day Notice Before Evicting Them And Provided That If A Tenant Had A “Bona Fide” Lease, The Tenant Must Be Allowed To Remain Until The Lease Ends. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1362, which “provide[d] for the protections of the federal Protecting Tenants at Foreclosure Act (PTFA) to take effect as a state law if the federal act is repealed. Under the PTFA, a person who acquires a foreclosure property (‘successor in interest’) must give the tenant at least 90 days’ notice before evicting him or her. And if the tenant had signed a ‘bona fide’ lease before foreclosure, the successor in interest must allow him or her to remain for the term of the lease, even if that exceeds 90 days, unless the successor in interest sells to a person who intends to occupy the property as a primary residence. Additionally, the bill repeal[ed] this state’s current statute that protects the rights of tenants of foreclosed properties, which affords less protection than the federal statute.” [Florida Senate, Accessed on 9/16/22; Florida Senate, S.B. 1362]
2022: Ron DeSantis Signed Into Law Miya’s Law, Which Fortified Residential Tenant Safety By Directing Landlords And Licensees To Mandate Employee Background Checks, Requiring Apartments To Maintain Logs That Track The Issuance And Return Of Apartment Keys, And Increased The “Reasonable Notice” Time For Maintenance Repairs. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 898, which “strengthen[ed] residential tenant safety, and is named after Miya Marcano, a young woman who was tragically killed in her apartment in 2021. The bill ma[de] changes to Florida’s Residential Landlord and Tenant Act as well as public lodging establishment laws in an effort to provide safety and security to apartment tenants. The bill direct[ed] landlords or licensees of transient and nontransient apartments to require that all employees undergo a background screening performed by a consumer reporting agency done in accordance with the federal Fair Credit Reporting Act as a condition of employment. A person may be disqualified from employment based on the background screening if the person has been found guilty or plead no contest to certain offenses including those involving violence and disregard for safety. Effective January 1, 2023, apartments must maintain a log accounting for the issuance and return of all keys for each dwelling unit, and establish policies for the issuance and return of unit keys, as well as storage and access to unissued keys. An apartment’s key logs and employee background screening files are subject to the Department of Business and Professional Regulation’s annual inspection of apartments. The bill change[d] from 12 hours to 24 hours the ‘reasonable notice’ that a landlord must give a tenant for entry of a unit for the purpose of repair for all tenancies.” [Florida Senate, Accessed on 10/24/22; Florida Senate, S.B. 898]
- Named After A Young Woman Who Was Killed By A Maintenance Worker Who Entered Her Apartment With A Key Fob In 2021, The Bill Required Background Checks For Prospective Apartment Employees, Maintained A Roster For Each Unit’s Keys And Enhanced Notification Requirements For Maintenance And Repairs From 12 To 24 Hours. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed Senate Bill (SB) 898, designated as ‘Miya’s Law’, to strengthen residential tenant safety measures including requiring background checks for prospective employees, maintaining a log for each dwelling unit’s keys, and increasing notification requirements for maintenance and repairs from 12 to 24 hours. The bill is named after Miya Marcano, a young woman and Orlando student who was tragically killed in her apartment in 2021 by a maintenance worker who entered her unit with an apartment key fob.” [Press Release - Governor Ron DeSantis, 6/27/22]
- The Bill Directed Landlords And Licensees Of Apartments To Mandate Background Checks For All Employees And Disqualify Anyone Who Has Been Found Guilty Of Violence-Related Offenses. According to Press Release - Governor Ron DeSantis, “SB 898 directs landlords or licensees of transient and non-transient apartments to require all employees undergo a background screening as a condition of employment. A person may be disqualified from employment if the person has been found guilty of certain offenses involving violence and disregard for safety.” [Press Release - Governor Ron DeSantis, 6/27/22]
- The Bill Required Apartments To Keep Track Of The Issuance And Return Of All Apartment Keys And Create Policies For The Storage, Issuance And Return Of Such Keys, And The Key Log And Background Screenings Would Be Inspected Annually. According to Press Release - Governor Ron DeSantis, “Apartments will also be required to maintain a log accounting for the issuance and return of all keys and establish policies for their issuance, return, and storage. The apartment’s key log and background screenings will be subject to the Department of Business and Professional Regulation’s annual inspection of apartments.” [Press Release - Governor Ron DeSantis, 6/27/22]
- The Bill Increased The Requirement For “Reasonable Notice” For Entry Of An Apartment For Maintenance From 12 Hours To 24 Hours’ Notice And Banned “Operators Of Public Lodging Establishments From Offering Hourly Rates For An Accommodation.” According to Press Release - Governor Ron DeSantis, “Additionally, the bill changes the requirement for ‘reasonable notice’ for entry of a unit for maintenance and repairs from 12 hours to 24 hours’ notice. The bill also prohibits operators of public lodging establishments from offering hourly rates for an accommodation.” [Press Release - Governor Ron DeSantis, 6/27/22]
2019: Ron DeSantis Signed Into Law Legislation That Ensured That State And Local Law Enforcement Agencies Enforce Federal Immigration Laws And Prohibited Sanctuary Cities Or Policies. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 168, which “create[d] a new chapter of Florida Statutes entitled ‘Federal Immigration Enforcement.’ The bill [sought] to ensure that state and local entities and law enforcement agencies cooperate with federal government officials to enforce, and not obstruct, immigration laws. In its most general and broad terms, the bill require[d] law enforcement agencies to support the enforcement of federal immigration law. In more specific terms, the bill: Prohibit[ed] a state entity, local governmental entity, or law enforcement agency from having a sanctuary policy, which is a law, policy, practice, procedure, or custom that restricts a law enforcement agency’s ability to communicate or exchange information with a federal immigration agency on immigration enforcement matters or from complying with immigration detainers.” [Florida Senate, Accessed on 8/19/22; Florida Senate, S.B. 168]
- The Bill Repealed Any Sanctuary Policies That Were Already In Place. According to the Florida Senate, “Requires any sanctuary policies currently in effect be repealed within 90 days after the effective date of the act.” [Florida Senate, Accessed on 8/19/22]
- Ron DeSantis: The Bill Gave The Governor And Attorney General The Authority To Sue Entities Who Violate The Bill. According to Press Release - Governor Ron DeSantis, “The bill requires any sanctuary policies already enacted to be repealed, and gives both the Governor and the Attorney General authority to initiate enforcement actions against entities who violate the bill’s provisions.” [Press Release - Governor Ron DeSantis, 6/14/19]
- Ron DeSantis: The Bill Required County Jails To Contract With U.S. Immigration And Customs Enforcement (ICE) To Provisionally House People Subjected To Deportations. According to Press Release - Governor Ron DeSantis, “The bill makes Florida’s communities safer by requiring county jails to enter into agreements with United States Immigration and Customs Enforcement (ICE) to temporarily house persons subject to immigration detainers. This will ensure that criminals who are in the United States unlawfully are not released back into our communities.” [Press Release - Governor Ron DeSantis, 6/14/19]
¶ County Detention Facilities, Common Carrier Contracts And Immigration Status Reporting
2022: Ron DeSantis Signed Into Law Legislation That Prohibited Public Entities From Contracting With Common Carriers That Willfully Transport Undocumented Immigrants, Mandated County Detention Facilities To Enter Into Agreements With U.S. Immigration Customs Enforcement, And Required Reports To The State About The Immigration Status Of People Under County Custody. In June 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1808, which “[r]evis[ed] the type of data required to be reported by the clerk of the court, county detention facilities, and the Department of Corrections as part of criminal justice data collection; revis[ed] the definition of the term ‘sanctuary policy’ to include specified laws, policies, practices, procedures, or customs that limit or prohibit a law enforcement agency from providing specified immigration information to a state entity; requir[ed] each law enforcement agency operating a county detention facility to enter into a specified agreement with the United States Immigration and Customs Enforcement to assist with immigration enforcement; prohibit[ed] a governmental entity from executing, amending, or renewing a contract with common carriers or contracted carriers under certain circumstances, etc.” [Florida Senate, Accessed on 10/28/22; Florida Senate, S.B. 1808]
- The Bill Prohibited Governmental Entities From Contracting With Common Carriers If They Willfully Transport Undocumented Immigrants To Florida Knowing They Are Undocumented, Except To Facilitate The Deportation Or Detention Of Undocumented Immigrants. According to Press Release - Governor Ron DeSantis, “Senate Bill (SB) 1808 prohibits a governmental entity from executing, amending, or renewing a contact with a common carrier if the carrier is willfully providing any service in furtherance of transporting an unauthorized alien into the State of Florida knowing that he or she is an unauthorized alien, except to facilitate the detention, removal, or departure of the unauthorized person from Florida or the United States.” [Press Release - Governor Ron DeSantis, 6/17/22]
- The Bill Required Law Enforcement Agencies That Operate County Detention Facilities To Contract With The U.S. Immigration And Customs Enforcement (ICE) To Participate In The 287(g) Program To Enforce Federal Immigration Laws. According to Press Release - Governor Ron DeSantis, “SB 1808 also requires any law enforcement agency operating a county detention facility to enter into a written agreement with U.S. Immigration and Customs Enforcement (ICE) to participate in the 287(g) program. This program allows for state and local law enforcement officers to collaborate with ICE to enforce our nation’s immigration laws.” [Press Release - Governor Ron DeSantis, 6/17/22]
- Airlines, Bus Companies And Independent Contracts Could Risk Losing State Or Local Contracts If They Transport Immigrants In Florida On Behalf Of The Federal Government. According to the Tampa Bay Times, “Airlines, bus companies or even independent contractors would still be able to transport undocumented immigrants in the state on behalf of the federal government. But they could risk losing a state or local contract by doing so.” [Tampa Bay Times, 3/9/22]
- When Common Carriers Contract With State Or Local Entities, They Would Be Required To Declare They Were Not Willfully Providing And Will Not Provide Services To Undocumented Immigrants During Their Contract, Even If They Are Not Able To Identify Undocumented Passengers. According to the Tampa Bay Times, “It remains unclear how transportation companies would be able to identify passengers who are ‘unauthorized aliens.’ But when companies contract with a state or local entity, they would be required to attest that they are ‘not willfully providing and will not willfully provide any service during the contract term.’” [Tampa Bay Times, 3/9/22]
- The Bill Would Not Target People Under Temporary Protected Status Or People Protected Under The Deferred Action For Childhood Arrivals Program. According to the Tampa Bay Times, “People who have been granted Temporary Protected Status — such as Ukrainians fleeing their war-torn country — or who are protected under the Deferred Action for Childhood Arrivals program would not be impacted, according to lawmakers.” [Tampa Bay Times, 3/9/22]
- Immigration Lawyers Were Concerned The Bill Would Target Asylum-Seekers Who Have Pending Applications Because They Fall Under The “Unauthorized Alien” Category Until They Are Given A Work Permit Or Are Pending Approval. According to the Tampa Bay Times, “But concerns remain about people who are seeking asylum but have a pending application. Under federal immigration law, they fall under the category of ‘unauthorized alien’ unless they receive a work authorization card, or are pending approval of their asylum status, immigration attorneys say.” [Tampa Bay Times, 3/9/22]
- Immigration Lawyers Were Concerned The Bill Would Target Unaccompanied Minors Because They Have “No Lawful Status” Under Federal Law. According to the Tampa Bay Times, “While GOP legislators say that definition does not include unaccompanied minors, immigration attorneys say it would because unaccompanied migrant children have ‘no lawful status’ under federal immigration law.” [Tampa Bay Times, 3/9/22]
- The Bill Required Any County Detention Facilities That Had Not Yet Entered Into An Agreement With ICE To Do So By January 2023. According to the Tampa Bay Times, “Currently, 48 Florida sheriffs are taking part in the program — a number that has soared under the DeSantis administration. The proposal would require county detention facilities that have yet to participate to enter into a cooperative agreement with U.S. Immigration and Customs Enforcement by Jan. 1, 2023.” [Tampa Bay Times, 3/9/22]
- More County-Level Correctional Officers Would Travel To South Carolina To Undergo Immigration And Customs Enforcement Training At The Expense Of Local Governments. According to the Tampa Bay Times, “In practice, that means that within the next year, more county-level correctional officers could be traveling to Charleston, S.C., to be trained by Immigration and Customs Enforcement, at the expense of local jurisdictions.” [Tampa Bay Times, 3/9/22]
- The Bill Prevented Local Governments From Prohibiting Them From Sharing Data With State Agencies About The Immigration Status Of Individuals Under Their Custody. According to the Tampa Bay Times, “Local governments would not be able to enact policies that would prohibit them from sharing information with state agencies about the immigration status of people in their custody.” [Tampa Bay Times, 3/9/22]
- The Bill Required Courts And Detention Facilities To Collect The Immigration Status Of Every Undocumented Immigrant That Enters The Court System. According to the Tampa Bay Times, “When an undocumented immigrant enters the court system, courts and all detention facilities would also be required to collect the immigration status of every defendant in each criminal case.” [Tampa Bay Times, 3/9/22]
¶ E-Verify Mandate For All Employers
2020: Ron DeSantis Signed Into Law Legislation That Mandated And Public Employers, Contractors And Subcontractors To Use E-Verify To Confirm That All Employees Are Legally Authorized To Work In The U.S. And Required Private Employers To Use Either E-Verify Or The Form I-9 And Maintain Copies Of The Documents. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 664, which “require[d] public employers, contractors, and subcontractors to use E-Verify, and require[d] private employers to use E-Verify or to use the Form I-9 and maintain copies of the documents used to complete the I-9 for 3 years. E-Verify is a free, Internet-based system through which an employer may quickly confirm that a newly hired employee is authorized to work in the United States. To use E-Verify, an employer inputs information from an employee’s I-9 and, usually within seconds, obtains a result. In FY 2019, 98.5 percent of the persons run through E-Verify were automatically confirmed as ‘work authorized.’” [Florida Senate, Accessed on 9/14/22; Florida Senate, S.B. 664]
- The Bill Required A Party Involved In A Public Contract To End Their Contract If They Believed That The Other Party Was Employer Unauthorized Workers Or Not Following The E-Verify Mandate. According to the Florida Senate, “The bill requires a party to a public contract to terminate the contract if it believes in good faith that another party is employing an unauthorized alien or is not registered with and using E-Verify. The bill specifies that the termination is not a breach of contract. However, a contractor whose contract is terminated for failing to use E-Verify or for knowingly employing an unauthorized alien is liable for any additional costs incurred by the public employer resulting from the termination.” [Florida Senate, Accessed on 9/14/22]
- The Bill Required Private Employers To Hand Over E-Verify Documents To Any State Agencies Upon Request And The Agencies Must Request The Federal Government To Verify The Workers’ Eligibility Status. According to the Florida Senate, “To enforce the eligibility-verification requirements for private employers, the bill requires an employer to provide an employee’s eligibility-verification documents to any of several government agencies upon request. These agencies, in turn, must request the federal government to check the employee’s work-eligibility status.” [Florida Senate, Accessed on 9/14/22]
- If Private Employers Failed To Comply With E-Verify Or The I-9 Procedure To Verify Employment Eligibility, The Bill Required The Department Of Economic Opportunity To Send A Notice To The Employer Mandating The Termination Of The Unauthorized Workers Or Risk Having Their Business Licenses Suspended Or Revoked. According to the Florida Senate, “Moreover, if a private employer does not use E-Verify or the bill’s I-9 procedure to verify and document an employee’s eligibility for employment, the Department of Economic Opportunity must send the employer a notice, and the employer must terminate any unauthorized employees, begin using E-Verify or the bill’s I-9 procedure, and respond with an affidavit of compliance within 30 days. If the employer does not do so, if faces the potential suspension of its business licenses. If an employer fails to properly respond to a DEO notice three times in any 36 month period, it could permanently lose its business licenses.” [Florida Senate, Accessed on 9/14/22]
- Florida Legislators Scaled Down The E-Verify Bill By Allowing Private Businesses To Choose To Either Use E-Verify Or The I-9 Process, Which Involved Documentation Like Passports Or Driver’s Licenses. According to the Florida Phoenix, “Lawmakers have sent a scaled-back E-Verify bill to Gov. Ron DeSantis that will give Florida businesses the option of using the federal system to verify the immigration status of their workers. In his 2018 campaign, the Republican governor called for legislation requiring all Florida businesses to the use the E-Verify system. E-Verify is an electronic portal operated by the U.S. Department of Homeland Security that checks job application information against data on store with the Social Security Administration and other federal agencies. But the bill (SB 664) falls short of DeSantis’ proposal, giving private businesses the option of using E-Verify or confirming an employee’s status through the ‘I-9 Form’ process, which involves documents such as passports or driver’s licenses.” [Florida Phoenix, 3/13/20]
- According To FWD.us, About 700,000 Undocumented Immigrants Reside In Florida, With Approximately 440,000 Seeking Employment Or Currently Working, So A Strict E-Verify Mandate Would Result In The Loss Of About 253,000 Jobs. According to the Florida Phoenix, “FWD.us, an immigration-reform advocacy group founded by Mark Zuckerberg and other technology leaders, estimated there are approximately 700,000 undocumented immigrants in Florida, with about 440,000 either working or looking for jobs. If an E-Verify system were mandated for all Florida businesses, it would result in the loss of some 253,000 jobs, led by 79,000 jobs in hotel and food-service businesses and 54,500 construction jobs, the group estimated.” [Florida Phoenix, 3/13/20]
- With The Option To Use The I-9 Process, The Job Loss Impact Was Reduced And The Bill Did Not Affect Currently Employed Workers Before The Bill’s Passage, Even If They Were Undocumented. According to the Florida Phoenix, “But under an optional system, the impact will be reduced. The bill also does not affect any workers, even if they are undocumented, if they are currently employed.” [Florida Phoenix, 3/13/20]
¶ Resolved Issues Between State Of Florida And State Workers
2019: Ron DeSantis Signed Into Law Legislation That Resolved The Collective Bargaining Issues Between The State Of Florida And The Labor Representatives For State Employees For FY 2020 That Were Not Resolved In The Budget Bill Or Other Legislation. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2504, which “resolve[d] the collective bargaining issues at impasse between the State of Florida and the bargaining representatives for state employees for the 2019-2020 fiscal year that have not been resolved in the General Appropriations Act or other legislation.” [Florida Senate, Accessed on 8/25/22; Florida Senate, S.B. 2504]
2020: Ron DeSantis Signed Into Law Legislation That Resolved The Collective Bargaining Issues Between The State Of Florida And The Labor Representatives For State Employees For FY 2021 That Were Not Resolved In The Budget Bill Or Other Legislation. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 5005, which “resolve[d] the collective bargaining issues at impasse between the State of Florida and the bargaining representatives for state employees for the 2020-2021 fiscal year that have not been resolved in the General Appropriations Act or other legislation.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 5005]
- 2020: After Rallying Across Florida For Months, State Employees Were Granted A 3% Pay Increase, Which Was The First Increase In 12 Years For Florida State Workers. According to AFSCME, “After staging unprecedented rallies in several cities across Florida and then waiting for months, state employees rejoiced after Gov. Ron DeSantis signed the state’s budget, which includes 3% across-the-board pay raises for dedicated workers who keep the Sunshine State’s infrastructure going in good times and bad. It was the first such pay bump in 12 years for Florida’s state workers, who are among the lowest paid in the country.” [AFSCME, 7/7/20]
2021: Ron DeSantis Signed Into Law Legislation That Resolved The Collective Bargaining Issues Between The State Of Florida And The Labor Representatives For State Employees For FY 2022 That Were Not Resolved In The Budget Bill Or Other Legislation. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2504, which “resolve[d] the collective bargaining issues at impasse between the State of Florida and the bargaining representatives for state employees for Fiscal Year 2021-2022 that have not been resolved in the General Appropriations Act or other legislation.” [Florida Senate, Accessed on 10/7/22; Florida Senate, S.B. 2504]
- There Was An Impasse Between The State Of Florida And The Six Labor Unions That Represent Over 81,000 Employees Over A Pay Raise, Seniority Of Workers’ Rights, And Disciplinary Procedures. According to the Tallahassee Democrat, “Contract negotiations between the State of Florida and the six labor unions representing more than 81,000 workers are at an impasse on a pay raise, seniority rights for workers, and disciplinary procedures, the USA TODAY NETWORK – Florida has learned.” [Tallahassee Democrat, 3/16/21]
2022: Ron DeSantis Signed Into Law Legislation That Resolved The Collective Bargaining Issues Between The State Of Florida And The Labor Representatives For State Employees For FY 2023 By Maintaining The Status Quo. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 5005, which “direct[ed] that the resolution of collective bargaining issues at impasse for the 2022-2023 fiscal year which are not addressed by the General Appropriations Act shall be resolved in accordance with the personnel rules in effect on January 11, 2022, and by otherwise maintaining the status quo under the language of the applicable current collective bargaining agreement.” [Florida Senate, Accessed on 10/31/22; Florida Senate, H.B. 5005]
- For The 2022-2023 Fiscal Year, The Florida Legislature Provided A Historic 5.3% Pay Increase For State Employees And Increased The Minimum Wage For State Workers To A Minimum Of $15 Per Hour. According to the Tallahassee Democrat, “The celebration over a historic 5.3% across-the-board pay raise for state employees and a new $15 minimum wage for state workers was partly overshadowed Friday morning by the vetoes of $1 million earmarked to the Second Harvest of the Big Bend and a $50,000 appropriation for the Leon Works Expo and Junior Apprenticeship Program.” [Tallahassee Democrat, 6/3/22]
¶ Benefits for Certain First Responders And Military members
2019: Ron DeSantis Signed Into Law Legislation That Expanded Death Benefits For The Survivors Of Certain First Responders, Florida National Guard Members, And U.S. Armed Forces Members. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7098, which “implement[ed] Amendment 7 to the State Constitution, which was approved by the voters in November 2018 to require the payment of death benefits to the survivors of certain first responders, Florida National Guard members, and members of the United States Armed Forces. Current law provides various death benefits to many, but not all, of the first responders, Florida National Guard members, and members of the U.S. Armed Forces who are eligible for benefits under Amendment 7. Therefore, the Legislature must expand some of the current death benefits to comply with the requirements of Amendment 7. The bill expand[ed] the death benefits currently provided to Florida National Guard members on state active duty, firefighters, and law enforcement, correctional, and correctional probation officers.” [Florida Senate, Accessed on 8/29/22; Florida Senate, S.B. 7098]
- The Bill Entitled $75,000 To Law Enforcement Officers, Correctional Officers, Correctional Probation Officers, Firefighters, Emergency Medical Technicians, Paramedics, And Florida National Guard Members If They Were To Accidentally Die On Duty And $225,000 If They Were Intentionally Killed. According to CBS News, “The proposal (SB 7098), sponsored by Sen. Ed Hooper, R-Clearwater, would carry out a constitutional amendment, known as Amendment 7, passed by voters in November. The bill, in part, addresses law-enforcement officers, correctional officers, correctional probation officers, firefighters, emergency medical technicians, paramedics, and Florida National Guard members. They would be entitled to $75,000 in death benefits if they accidentally die in the course of their duties and $225,000 if they are intentionally or illegally killed, such as if a law-enforcement officer is ambushed, Hooper said.” [CBS News, 4/16/19]
- The Bill Created A $75,000 Death Benefit For Florida-Resident Military Members Or Members Stationed In Florida Who Are Killed On Active Duty, And Established A $25,000 Death Benefit If The Ember Were On Active Duty But Were To Be Killed Under Different Circumstances. According to CBS News, “Also, the bill would create a $75,000 death benefit for military members who are Florida residents or stationed in the state and are killed on active duty and are engaged in official duties. The death benefit would be $25,000 if they are on active duty but are killed under other circumstances, according to a Senate staff analysis.” [CBS News, 4/16/19]
¶ Occupational Licenses And Registration
¶ Occupational Freedom And Opportunity Act
2020: Ron DeSantis Signed Into Law The Occupational Freedom And Opportunity Act, Which Reduced Regulation Over Occupational Licensing In Florida, Repealed License Or Registration Requirements For Several Professions, And Lowered Continuing Educational Training Hours For Several Cosmetology Professions. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1193, the ‘“Occupational Freedom and Opportunity Act,’ relate[d] to businesses and professions regulated by the Department of Business and Professional Regulation (DBPR) and health professionals regulated by the Department of Health (DOH). […] The bill repeal[ed] license or registration requirements for the following businesses or professions regulated by the DBPR: Labor organizations and their business agents; Hair braiders, hair wrappers, and body wrappers; and Boxing announcers and timekeepers. The regulation of interior design is revised by the bill to provide for a voluntary certificate of registration to practice interior design in place of the current license requirement. A certificate of registration is not required to practice interior design. To qualify for registration, an interior designer must have satisfactorily passed a qualification examination. Only a registered interior designer may use a seal issued by the DBPR if a seal is required by the permitting authority when submitting documents for the issuance of a building permit. The bill reduce[d] the biennial fee to register as an interior designer to a fee of no more than $75 (from a fee of no more than $500). The bill repeal[ed] the requirement that a yacht and ship broker must have a separate license for each branch office. It repeal[ed] the license requirement for cosmetology salons, and also eliminate[d] the additional business organization for the following professional licensees: Architects and interior designers; Landscape architects; and Geologists. The bill provide[d] additional options or reduces the requirements for the following professionals, if licensed in another state, to qualify for a professional license in Florida: Building code administrators and inspectors; Home inspectors; Engineers; Certified public accountants; Veterinarians; Barbers; Cosmetologists; Architects; Construction contractors; Electrical and alarm contractors; Landscape architects; and Geologists. Effective January 1, 2021, the bill reduce[d] the minimum: Hours of training required for a barber’s licensure from 1,200 hours to 900 hours; Hours of continuing education required for the biennial renewal of a cosmetology license from 16 hours to 10 hours; and Training hours required to be registered as a nail, facial, or full specialist.” [Florida Senate, Accessed on 9/16/22; Florida Senate, H.B. 1193]
- The Legislation Eliminated “Barriers Of Entry” To Certain Occupations Licensed By The State By Including Endorsement And Reciprocity Provisions, Eliminating Supplemental Business Licenses And Corresponding Fees, Lowering Licensure Education Requisites, And Removing Other Licensure And Registration Requisites. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed ‘The Occupational Freedom and Opportunity Act’ (HB 1193) which eliminates barriers of entry to certain professions licensed by the Florida Department of Business and Professional Regulation (DPBR) by adding endorsement and reciprocity provisions, removing supplemental business licenses and corresponding license fees, reducing licensure education requirements, and eliminating other licensure and registration requirements.” [Press Release - Governor Ron DeSantis, 6/30/20]
- The Bill Loosened Or Abolished Occupational Licensing Requirements For Over 30 Professions, And Was Praised By Libertarian Magazine Reason. According to Ascend, “On June 30, 2020, Florida Governor Ron DeSantis signed HB 1193, known as the Occupational Freedom of Opportunity Act, into law. Called ‘the most sweeping occupational licensing reform in history’ by the libertarian magazine and website Reason, the new law – which went into effect on July 1, 2020 – loosens or abolishes occupational licensing requirements across more than 30 professions.” [Ascend, 3/4/22]
- The Bill Eliminated Licensure Requirements For Hair Braiders, Hair Wrappers, Body Wrappers, Timekeepers And Boxing Announcers, And Interior Designers. According to Ascend, “HB 1193 removes licensure requirements for practitioners in several occupations, including hair braiders, hair wrappers, and body wrappers; timekeepers and announcers working in the sport of boxing; and interior designers (although it allows for optional certification).” [Ascend, 3/4/22]
- The Bill Rescinded Separate Licenses From Architects, Geologists, And Landscape Architects Who Already Have Their Personal Licenses. According to Ascend, “It also eliminates separate licenses for architects, geologists, and landscape architects who already hold an individual license.” [Ascend, 3/4/22]
- The Bill Decreased Continuing Education Requirements For Cosmetologists And Alarm System Contractors, Lowered The Time Of Training Required For Barbers And Nail Specialists To Receive Their Licenses, And Allowed Licensed Individuals To Do Hair And Nail Services In Places Outside A Salon. According to Ascend, “In addition, HB 1193 lowers continuing education requirements for cosmetologists and alarm system contractors, and also reduces the number of training hours needed for barbers and nail specialists to become licensed. Cosmetologists and specialists providing services at special events will no longer have to be employed by a licensed salon, and the law also allows licensed individuals to perform hair and nail services outside of a salon.” [Ascend, 3/4/22]
- While Several Florida Legislators Praised The Bill For Reducing Red Tape, Removing Burdensome Licensing Regulations And Allowing For More Entrepreneurship, Some Practitioners Argued That Reducing The Educational Hours Could Hinder Health Practices, Including Sanitization And Communicable Diseases. According to Ascend, “Florida lawmakers celebrated HB 1193 for cutting bureaucratic red tape, eliminating ‘excessive’ licensing laws, and paving the way for entrepreneurs, but not all practitioners who were impacted by the law agreed. Stacey Reiser, a barber in Tallahassee, felt that reducing the educational hours required for licensing barbers could jeopardize education efforts surrounding health practices. ‘In our industry, we learn how to deal with sanitation and communicable diseases. I see things like that slipping through the cracks,’ she told the Florida Phoenix in early 2020. Hair braiders and wrappers, who must know proper techniques, handling of chemicals, and sanitation practices for client safety, also expressed reservations about the bill.” [Ascend, 3/4/22]
- The Bill Allowed Fitness Trainers To Provide Dietary Advice To Clients, Which Drew Opposition From Registered Dietitians, Who Argued The Bill Posed A Public Health Risk As Several Individuals Develop Eating Disorders Or Disordered Eating Behaviors From Advice Given From Fitness Trainers That Do Not Have Adequate Nutrition Training. According to Ascend, “CrossFit, which endorses the Basics of Nutrition Coaching and Precision Nutrition programs in its Preferred Course Program, was actively engaged on HB 1193 and hailed the bill’s signing as a ‘significant victory’ for its trainers, who would now be able to provide dietary advice to clients. ‘Florida’s nearly 500 CrossFit affiliates are locally owned and operated small businesses that make their communities healthier every day,’ said CrossFit spokesperson Brett Ewer. ‘They should not have been harassed, and they should have been free to offer nutrition guidance from the start. Now, because of the exemplary leadership of Gov. DeSantis and the Florida Legislature, we are confident that our affiliates and trainers can continue their fight against the chronic disease epidemic.’ But registered dietitians, along with many members of the public, vehemently disagreed with the gym’s enthusiastic endorsement of HB 1193, as evidenced by the nearly 950 mostly negative comments on the company’s Instagram post announcing the ‘victory.’ Quinn Haisley, an eating disorder dietitian practicing in New York, called the post ‘infuriating,’ noting that there are serious public health risks with Florida’s decision. ‘I see clients all the time who develop eating disorders or disordered eating from well-meaning trainers who don’t know how to do proper nutrition counseling,’ she said in her comment.” [Ascend, 3/4/22]
2021: Ron DeSantis Signed Into Law Legislation That Established State Preemption Over Occupational Licenses, With The Exception To Local Occupational Licensing Authorized By General Law Or Imposed Before January 2021, And Authorized Local Governments To Issue Journeyman Licenses For Some Occupations, Like Plumbing And Electrical And Alarm System Trades. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 735, which “expressly preempt[ed] the licensing of occupations to the state and supersedes any local government licensing of occupations, with the exception of local government licensing of occupations authorized by general law or occupational licenses imposed by a local government before January 1, 2021. However, the exception for local government licensing imposed by a local government expires July 1, 2023. Local government occupational licensing requirements in place by January 1, 2021 may not be increased or modified thereafter. The bill specifically prohibit[ed] local governments from requiring a license for a person whose job scope does not substantially correspond to that of a contractor or journeyman type licensed by the Construction Industry Licensing Board, within the Department of Business and Professional Regulation. It specifically preclude[d] local governments from requiring a license for: painting, flooring, cabinetry, interior remodeling, driveway or tennis court installation, handyman services, decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing, caulking, and canvas awning and ornamental iron installation. The bill authorize[d] counties and municipalities to issue journeyman licenses in the plumbing, pipe fitting, mechanical, and HVAC trades, as well as the electrical and alarm system trades, which is the current practice by counties and municipalities. As a result of this authorization in general law, local journeyman licensing is excepted from the preemption of local licensing to the state under the bill.” [Florida Senate, Accessed on 10/3/22; Florida Senate, H.B. 735]
- The Bill Preempted Occupational Licensing To The State, With Exceptions To Requirements Authorized Under The Occupational Freedom And Opportunity Act Of 2020 Or Licensing Requirements Imposed By A Locality Before July 1st, 2021. According to The Center Square, “SB 268/HB 735 would preempt local occupation licensing with the exception of those authorized under 2020’s Occupational Freedom & Opportunity Act or imposed by a local government before July 1, when the measure goes into effect.” [The Center Square, 4/6/21]
- The Bill Prohibited Local Governments From Requiring A Local Occupational License For “Painting, Flooring, Cabinetry, Interior Remodeling, Driveway Or Tennis Court Installation, Decorative Stone, Tile, Marble, Granite, Or Terrazzo Installation, Plastering, Stuccoing, Caulking, And Canvas Awning Or Ornamental Iron Installation.” According to The Center Square, “Under SB 268/HB 735, local governments could not require a license for painting, flooring, cabinetry, interior remodeling, driveway or tennis court installation, decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing, caulking, and canvas awning or ornamental iron installation.” [The Center Square, 4/6/21]
- The Bill Allowed Local Governments To Create “Journeyman” Requirements And Keep Current Occupational License Requirements Until July 2023. According to The Center Square, “Under the bills, Perry said, local governments could still create ‘journeyman’ requirements and keep existing occupational requirements until July 2023.” [The Center Square, 4/6/21]
- While The Bill Was Supported By The Florida Institute Of Justice And Americans For Prosperity, The Bill Was Opposed By Labor Unions, The Florida League Of Cities, And The Florida Association Of Counties, Which Argued That Occupational Licenses Ensure Consumer Protection And That Experienced People Engage In Such Occupations. According to The Center Square, “The proposal is supported by the Florida Institute of Justice and Americans for Prosperity and opposed by labor unions, the Florida Association of Counties (FAC) and the Florida League of Cities. FAC lobbyist Edward Labrador argued counties require occupational licenses for consumer protection. ‘We’re not trying to deny people access into these occupations,’ he said. ‘We’re trying to make sure that they’re properly experienced to engage in these occupations.’” [The Center Square, 4/6/21]
2019: Ron DeSantis Signed Into Law Legislation That Prohibited The Denial Of Unemployment Assistance Benefits To Individuals Who Voluntarily Left Work As A Direct Result From Domestic Violence. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 563, which “provide[d] that an individual may not be disqualified from receiving reemployment assistance benefits if he or she voluntarily leaves work as a direct result of circumstances related to domestic violence.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 563]
2021: Ron DeSantis Signed Into Law Legislation That Banned Transgender Girls And Women From Participating In Girls’ And Women’s Sports, Basing Eligibility On Biological Sex. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1028, which “[a]uthoriz[ed] members of certain committees of a district school board to attend meetings in person or through the use of telecommunications networks; authoriz[ed] state universities and Florida College System institutions to solicit applications and sponsor charter schools under certain circumstances; authoriz[ed] a charter school to offer a career and professional academy; creat[ed] the ‘Fairness in Women’s Sports Act’; expand[ed] eligibility to receive capital outlay funds to schools of hope operated by a hope operator; authoriz[ed] the principal, teachers, and parent or guardian to collaborate to develop a customized 1-year education plan for the student in lieu of retaining the student, etc.” [Florida Senate, Accessed on 10/4/22; Florida Senate, S.B. 1028]
- Ron DeSantis Signed The Bill That Banned Transgender Athletes From Participating In Girls’ And Women’s Sports At A Christian School On Jacksonville’s Westside. According to Florida Politics, “At a Christian school on Jacksonville’s Westside, Gov. Ron DeSantis, on the first day of Pride Month, signed Senate Bill 1028, a bill that bans transgender athletes from participating in women’s sports.’” [Florida Politics, 6/1/21]
- The Bill Made It Athletes’’ Eligibility For Athletic Teams Based On Their Biological Sex On Their Birth Certificates. According to Florida Politics, “The bill will make female athletes’ eligibility for sports teams contingent on their ‘biological sex’ on birth certificates issued ‘at or near the time of the student’s birth.” [Florida Politics, 6/1/21]
- The Bill Provided Recourse To Civil Remedies For Female Athletes Who Have Been “Discriminated Against.” According to Florida Politics, “Under the bill, female athletes who have been discriminated against have recourse to civil remedies in the legislation, and the goal is to avoid ‘blatantly unfair track races’ and the like.” [Florida Politics, 6/1/21]
- The Bill Provided Higher Education Institutions A Cause Of Action To Sue Against Governmental Entities, Licensing Or Accrediting Organization Or Athletic Associations If They Harm Them Indirectly Or Directly. According to Florida Politics, “The new law would give colleges and universities a cause of action to file lawsuits ‘against the governmental entity, licensing or accrediting organization, or athletic association or organization’ if they suffer ‘direct or indirect harm’ related to violations of the law.” [Florida Politics, 6/1/21]
- Opponents Highlighted The Lack Of Complaints In Florida About The Participation Of Transgender Athletes In Their School Sport Teams, As Republicans Were Helped By A Connecticut Student Athlete To Persuade The Support For The Bill. According to Florida Politics, “During the Legislative Session, opponents of the bill pointed to lack of complaints in Florida about participation of transgender student-athletes in sports. At Tuesday’s event, Republicans enlisted the help of a student-athlete from Connecticut in trying to make the case for what’s dubbed the ‘Fairness In Women’s Sports Act.’” [Florida Politics, 6/1/21]
- The Transgender Ban In School Sports Was Added As An Amendment To The Charter School Bill. According to Florida Politics, “The ban appeared dead until it was added as an amendment to a bill regarding charter schools. That bill proved a vehicle for a controversial bill that wasn’t moving in the Senate.” [Florida Politics, 6/1/21]
¶ Change Of Station Order As PRoof Of Residency, In-State Tuition And Military Land Protections
2019: Ron DeSantis Signed Into Law Legislation That Required Public School Districts To Accept A Change Of Station Order As Proof Of Residency, Allowed Military Members And Their Families To Qualify For In-State Tuition At Public Universities And Colleges, And Protected Military Property. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 620, which “provide[d] a number of benefits to servicemembers and their families and additional protections and benefits for military organizations, land uses, and interests. The bill require[d] K-12 public education school districts to accept a permanent change of station order as proof of residency for all public school programs. In accepting the order as proof of residency, the district must provide preferential treatment to the student in the entire controlled open enrollment process. The bill also enable[d] an active duty member or a family member residing in the state to qualify for in-state tuition at the time of acceptance for admission at a public postsecondary institution, even if the active duty member is subsequently transferred. To further protect military lands, the bill add[ed] the Naval Support Activity Orlando and the United States Southern Command to the list of military installations that designated local governments are required to coordinate with on the compatibility of land development. The bill also provide[d] that a conservation easement created to prevent the encroachment to a military installation survives a sale of property for the nonpayment of taxes.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 620]
¶ Statute Updates And Grant Funding For Continuums Of Care
2020: Ron DeSantis Signed Into Law Legislation That Addressed Homelessness In Florida, Including To Update Statutes Related To Homelessness In Accordance To Federal Laws, Add Two Members To The Council On Homelessness, And Raise The Amount Of Challenge Grant Funds Each Local Homeless Continuums Of Care May Receive Annually To $750K. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 163, which “ma[de] a number of changes to s. 420, F. S., relating to homelessness, to bring state laws in line with corresponding federal statutes. The bill eliminate[d] outdated provisions and allow[ed] sources of federal funding to be accessed on an expedited basis. The bill add[ed] two members to the Council on Homelessness; one representative of the Florida Housing Coalition and the Secretary of the Department of Elder Affairs or his or her designee. Additionally, the bill ma[de] several changes to challenge grants provided by the State Office on Homelessness within the Department of Children and Families to the local homeless continuums of care (CoC), which are dedicated to preventing and ending homelessness throughout the state. The bill increase[d] the amount of challenge grant funds each CoC lead agency may receive annually from $500,000 to $750,000, and require[d] each CoC lead agency to document the commitment of local government or private organizations to provide matching funds or in-kind support in an amount equal to 25 percent of the grant requested.” [Florida Senate, Accessed on 9/13/22; Florida Senate, H.B. 163]
2022: Ron DeSantis Signed Into Law Legislation That Created A Public Records Exemption For The Identification Information Of A Person Contained In A “Point-In-Time Count And Survey” Or In A Homeless Management Information System. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 934, which “ma[de] confidential and exempt from public inspection and copying requirements individual identifying information of a person contained in a Point-In-Time Count and Survey or data in a Homeless Management Information System collected pursuant to federal law and regulations. ‘Individual identifying information’ is defined as information that directly or indirectly identifies a specific person, or can be linked with other available information to identify a specific person. The bill provide[d] for retroactive application of the exemption to protect similar information collected prior to the bill becoming a law. The bill does not prohibit the release of aggregate information from a Point-In-Time Count and Survey or data in a Homeless Management Information System that does not disclose individual identifying information of a person. The exemption is subject to the Open Government Sunset Review Act and will stand repealed on October 2, 2027, unless reviewed and reenacted by the Legislature. The bill also includes a public necessity statement for the exemption as required by law.” [Florida Senate, Accessed on 10/25/22; Florida Senate, S.B. 934]
¶ Homeless Youth Access To Education And Social Services
2022: Ron DeSantis Signed Into Law Legislation That Addressed The Needs Of Homeless Youth By Waiving Fees To Obtain Certified Copies Of Their Birth Certificates, Requiring School Boards To Give Them A Card With Their Rights And Benefits, Creating Homeless Youth Liaison Positions At Higher Education Institutions, And Allowing Them To Consent To Certain Medical Care. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1577, which “[r]evise[d] & provide[d] provisions relating to specified homeless youth, including ability to receive documents at no charge, aid in achieving postsecondary education success, assistance in acquiring motor vehicle insurance & driver licenses, certification as unaccompanied homeless youth, removal of disability of nonage, card issued by school board containing specified information, ability to consent to certain care, & fee exemption eligibility.” [Florida Senate, Accessed on 10/27/22; Florida Senate, H.B. 1577]
- The Bill Reduced Barriers To Education And Social Programs For Homeless Youth. According to Florida Politics, “A new law aims to leave less young people on the streets unable to access social services. Gov. Ron DeSantis signed into law legislation (HB 1577) removing barriers on education and programs for homeless young people. Rep. Marie Woodson, a Hollywood Democrat, sponsored the bill in the House while Sen. Ileana Garcia, a Miami Republican, carried in the Senate.” [Florida Politics, 4/6/22]
- The Bill Required The Florida Department Of Health To Waive Fees For Birth Certificate Copies For Homeless Youth And Young Adults Who Were In Foster Care Before They Turned 18 Years-Old. According to Florida Politics, “The measure will require the Department of Health to waive fees for certified birth certificate copies for unaccompanied homeless youths and young adults who remained in foster care when they turned 18.” [Florida Politics, 4/6/22]
- The Bill Increased Access To Higher Education Liaisons To Homeless Youth, Including Current And Former Foster Children. According to Florida Politics, “It will also open access to college, university, technical school and other postsecondary education liaisons to students who experience homelessness, in addition to serving current or former foster children. The Department of Children and Families previously held the sole discretion to determine which state colleges and universities offer campus liaisons.” [Florida Politics, 4/6/22]
- The Bill Required School Boards To Provide Cards Describing Rights And Benefits To Homeless Youth And Authorized Medical Providers To Recognize The Youth’s Unaccompanied Homeless Status With The Card. According to Florida Politics, “At that point, it will require School Boards to provide certified unaccompanied homeless youth with a card that contains information on the rights and benefits for these youth, and allow health care providers to accept the card as proof of the youth’s status as a certified unaccompanied homeless youth.” [Florida Politics, 4/6/22]
- The Bill Allowed Homeless Youth To Petition The Court To Permit Themselves To Be Treated As A Legal Adult, Allowed Homeless Youth To Consent To Medical And Mental Health Services, And Waives Fees Associated In Seeking A Driver’s License For Some Homeless Youth. According to The Homeless Voice, “Proposed by Senator Ileana Garcia (R-Miami), House Bill 1577, Homeless Youth, will allow certified unaccompanied homeless youth to receive certified birth certificates at no charge, petition the court to allow themselves to be treated as a legal adult, consent to medical care — including mental health services — and for some, waive costs for receiving a license and for their driver education.” [The Homeless Voice, 4/14/22]
- The Liaisons At Postsecondary Institutions Would Be Tasked With Helping Resolve Any Problem Associated With The Tuition Waiver Provided To Homeless Students. According to The Homeless Voice, “Beyond fee waiving, the bill also requires the creation of a liaison position in postsecondary institutions — such as state-run universities and colleges — ‘to assist in resolving any problems’ related to the tuition waiver for students experiencing homelessness. Most institutions left it up to the student to traverse the paperwork and meetings required alone.” [The Homeless Voice, 4/14/22]
- Aligning With Federal Guidelines, The Bill Allowed Homeless Students With A Tuition Waiver To Be “Presumed Homeless” For The Following Years Unless The Student Were To Indicate A Status Change Or There Was Conflicting Information. According to The Homeless Voice, “It also aligns this tuition policy closer to federal guidelines by allowing any student with their tuition waived for being an unaccompanied homeless youth to be ‘presumed homeless’ for every year after at the same institution unless the students says otherwise, or the institution has conflicting information. Previously, the student had to re-certify their homelessness every year.” [The Homeless Voice, 4/14/22]
¶ Office Of Minority Health And Health Equity
2021: Ron DeSantis Signed Into Law Legislation That Required The Office Of Minority Health And Health Equity To Develop And Promote The Implementation Of Programs And Practices That Increase Health Equity In Florida, Including To Increase Access And Quality Of Medical Services For Racial And Ethnic Minorities. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 183, which “create[d] s. 381.735, F.S., to assign duties and responsibilities to the Office of Minority Health and Health Equity (Office) within the Department of Health (DOH), which currently administers the Closing the Gap grant program. The bill require[d] the Office to develop and promote the statewide implementation of policies, programs, and practices that increase health equity in this state, including increased access to and quality of health care services for racial and ethnic minority populations. The bill also require[d] the Office to coordinate with agencies, organizations, and providers across the state to perform certain tasks, including gathering and analyzing data relating to health disparities. The bill establishe[d] that a representative from each county health department will serve as a liaison to the Office and that the Office will serve as a liaison to the federal Offices of Minority Health and Regional Health Operations. The bill require[d] the DOH to maintain specified information and data on its website that must be updated at least annually. The bill authorize[d] the DOH to adopt rules to implement the provisions of the bill. The bill require[d] the Office to use all available resources and pursue opportunities for increased funding to implement its duties and responsibilities. The bill is projected to increase the DOH’s workload and operational costs.” [Florida Senate, Accessed on 9/29/22; Florida Senate, H.B. 183]
2021: Ron DeSantis Signed Into Law Legislation That Authorized “Closing The Gap Grants” To Decrease Racial And Ethnic Disparities In Maternal Morbidity Rates, Created Telehealth Minority Maternity Pilot Programs In Duval And Orange Counties, And Instructed The Division Of Community Health Promotion And The Office Of Minority Health And Health Equity To Apply For Federal Funds. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1381, which “authorize[d] Closing the Gap grants to be awarded to projects that aim to decrease racial and ethnic disparities in severe maternal morbidity rates and other maternal health outcomes. The bill require[d] the Department of Health (DOH) to coordinate with existing community-based maternal health programs. The bill create[d] telehealth minority maternity care pilot programs in Duval and Orange counties to use telehealth to expand capacity for positive maternal health outcomes in racial and ethnic minority populations. The bill provide[d] detailed requirements for the pilot programs, including specifying services that the programs must provide, or coordinate with prenatal home visiting services to provide to eligible pregnant women. The bill authorize[d] the DOH to adopt rules to implement the pilot programs. The bill require[d] the DOH to use funds appropriated by the Legislature for the Closing the Gap grant program to fund the pilot programs. The bill also require[d] the DOH’s Division of Community Health Promotion and its Office of Minority Health and Health Equity to work together to apply for available federal funds to assist in the implementation of the bill.” [Florida Senate, Accessed on 10/6/22; Florida Senate, H.B. 1381]
- The Bill Established Pilot Programs In Duval And Orange Counties That Would Improve Maternal Health Outcomes For Women Of Color And The Programs Were Required To Use Telehealth In Accordance With Prenatal Home-Visiting Programs. According to Florida Politics, “Florida lawmakers gave final approval Wednesday to a bill (HB 1381) that would establish pilot programs in Duval and Orange counties aimed at improving maternal health outcomes for minority women. The programs would be required to use telehealth to coordinate with prenatal home-visiting programs to provide services and education to pregnant women and to provide training to health care professionals. The House and Senate both unanimously passed the bill Wednesday, sending it to Gov. Ron DeSantis.” [Florida Politics, 4/21/21]
- The Bill Included Maternal Health Care Programs To The List Of Eligible Programs For The “Closing The Gap” Funding, Which Was Used To Reduce Racial And Ethnic Disparities In Health Care. According to Florida Politics, “Sponsored by Ocoee Democratic Rep. Kamia Brown the bill would add maternal health-care programs to a list of programs eligible for ‘Closing the Gap’ funding from the Department of Health. Closing the Gap funds are directed at reducing racial and ethnic health-care disparities.” [Florida Politics, 4/21/21]
2019: Ron DeSantis Signed Into Law The Infectious Disease Elimination Act, Which Authorized Statewide Needle Exchange Programs To Prevent The Transmission Of HIV, AIDS, Viral Hepatitis And Other Blood-Borne Infections. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 366, which “create[d] the Infectious Disease Elimination Act (IDEA). The bill define[d] an ‘exchange program’ as a sterile needle and syringe exchange program established under the IDEA. An exchange program must offer the free exchange of clean, unused needles and hypodermic syringes for used needles and hypodermic syringes as a means to prevent the transmission of HIV, AIDS, viral hepatitis, or other blood-borne diseases among intravenous drug users and their sexual partners and offspring.” [Florida Senate, Accessed on 8/22/22; Florida Senate, S.B. 366]
- The Bill Legalized Needle Exchanges Statewide As Florida Faced A Large Heroin And Fentanyl Problem And For Years Experienced One Of The Highest HIV Rates In America. According to NPR, “This mobile unit in Miami-Dade County is part of the only legal needle exchange program operating in the state. But a new law in Florida — a needle exchange law that won the support of Florida’s conservative legislature, and was signed by Gov. Ron DeSantis Wednesday — aims to change that. Needle exchanges have been legal in many other states for decades, but southern, Republican-led states like Florida have only recently started to adopt this public health intervention. The timing of the statewide legalization of needle exchanges comes as Florida grapples with a huge heroin and fentanyl problem. When people share dirty needles to inject those drugs, it puts them at high risk for spreading bloodborne infections like HIV and hepatitis C. For years, Florida has had America’s highest rates of HIV.” [NPR, 6/27/19]
- 2016: The Florida Legislature Gave Temporary Permission To Miami-Dade County To Establish A Five-Year Pilot Needle Exchange Program. According to NPR, “But it was illegal to operate exchanges in Florida until 2016. That’s when the state legislature gave Miami-Dade County temporary permission to pilot a needle exchange program for five years.” [NPR, 6/27/19]
- The Bill Allowed All Of Florida’s Counties To Authorize Needle Exchange Programs. According to NPR, “This year he introduced Senate Bill 366 to allow the rest of Florida’s counties to authorize similar programs.” [NPR, 6/27/19]
- Miami-Dade County’s Needle Exchange Program Pulled Over 250K Dirty Needles Out Of Circulation, Provided Narcan To Reverse Opioid Overdoses, Provided HIV And Hepatitis C Testing, And Connected Individuals To Medical Care And Substance Abuse Rehabilitation Services. According to NPR, “In three years of operation, Miami’s pilot program has pulled more than a quarter million used needles out of circulation, according to reports the program filed with the Florida Department of Health. By handing out Narcan — the drug that reverses opioid overdoses — the exchange has prevented more than a thousand overdoses. The program also offers clients testing for HIV and hepatitis C, which is how Arrow knew he was negative. Finally, the program connects people to medical care and drug rehab.” [NPR, 6/27/19]
2019: Ron DeSantis Signed Into Law Legislation That Required The Department Of Health To Develop And Publish A Pamphlet On The Use Of Non-Opioid Alternatives For Pain Treatment And Required Health Care Practitioners To Inform Their Patients Of Non-Opioid Treatments Before Providing Anesthesia Or Prescribing A Schedule II Opioid Drug. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 451, which “amend[ed] s. 456.44, F.S., to establish legislative findings that every competent adult has the right of self-determination regarding healthcare decisions, including the right to refuse treatment with a Schedule II opioid controlled substance. The bill require[d] the Department of Health (DOH) to develop and publish on its website an educational pamphlet regarding the use of nonopioid alternatives for the treatment of pain. The pamphlet must include: Information on available nonopioid alternatives for the treatment of pain, including nonopioid medicinal drugs or drug products and nonpharmacological therapies; and The advantages and disadvantages of the use of nonopioid alternatives. Additionally, the bill require[d] a health care practitioner, except a health care practitioner licensed under ch. 465, F.S., (the practice of pharmacy), prior to providing anesthesia or ordering, administering, dispensing or prescribing a Schedule II opioid drug to a patient in a nonemergency situation, to: Inform the patient of available nonopioid alternatives for the treatment of pain, which may include nonopioid medicinal drugs or drug products, interventional procedures or treatments, acupuncture, chiropractic treatments, massage therapy, physical therapy, occupational therapy, or any other appropriate therapy as determined by the health care practitioner.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 451]
2020: Ron DeSantis Signed Into Law Legislation That Provided Exceptions To The Requirement Of Health Care Practitioners Informing Patients Of Non-Opioid Alternatives When Treating A Patient In An Emergency Room And When Dispensing Schedule II Opioids. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 743, which “amend[ed] provisions in s. 456.44, F.S., related to the requirement for a health care practitioner to provide a patient with nonopioid alternatives before treating the patient with opioid drugs that are listed as Schedule II controlled substances. The bill provide[d] an exception to the requirement to provide nonopioid alternatives when treating a patient in an emergency room, a critical care unit, or when the patient is receiving hospice services; eliminate[d] the requirement to provide such alternatives when dispensing or administering Schedule II opioids; and allow[ed] information on the nonopioid alternatives to be provided to the patient’s representative in addition to the patient directly.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 743]
2022: Ron DeSantis Signed Into Law Legislation That Expanded Access To Emergency Opioid Antagonists By Proving Civil Or Criminal Liability For The Administration Of Opioid Antagonists By People Authorized To Administer The Antagonists And Allowing Public Schools To Purchase And Secure Naloxone On Campus. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 544, which “amend[ed] s. 381.887, F.S., to expand access to emergency opioid antagonists by: Allowing pharmacists to order, as well as dispense, emergency opioid antagonists with an auto-injection delivery system or intranasal delivery system; Providing that specified persons who are authorized to possess, store, and administer emergency opioid antagonists are immune from civil or criminal liability resulting from the administration of such emergency opioid antagonists; and Adding specified personnel of a law enforcement agency or other agencies to the list of persons who are authorized to possess, store, and administer emergency opioid antagonists. The bill amend[ed] s. 395.1041, F.S., to require hospital emergency departments and urgent care centers to report the treatment of actual or suspected overdose victims treated at those facilities who were not transported to the hospital or urgent care center by a transport service. The bill amend[ed] s. 381.981, F.S., requiring the Florida Public Health Institute, Inc., to include emergency opioid antagonists as part of substance abuses in its statutorily-required health awareness campaigns. Additionally, the bill amend[ed] s. 1002.20, F.S., to allow a public school to purchase a supply of naloxone from a wholesale distributor or enter into an agreement with a wholesale distributor or manufacturer to receive naloxone at fair-market, free, or reduced prices. The naloxone must be maintained in a secure location on the public school’s premises. The bill also exempt[ed] a school district employee from civil liability if he or she administers an approved opioid antagonist to a student in compliance with s. 381.887, F.S., relating to emergency treatment for suspected opioid overdose and s. 768.13, F.S., relating to the Good Samaritan Act.” [Florida Senate, Accessed on 10/21/22; Florida Senate, S.B. 544]
- The Bill Authorized Public Schools To Procure And Store Naloxone On Campus, An Opioid Antagonist. According to the Florida Phoenix, “SB 544 deals with a variety of opioid issues, including authorization for publics schools to purchase and store an opioid antagonist called naloxone on campuses.” [Florida Phoenix, 5/2/22]
- The Bill Provided Civil Or Criminal Liability To Emergency Responders, Crime Laboratory Personnel, Or Law Enforcement Agents If They Administered Emergency Opioid Antagonists To Someone Experiencing An Overdose. According to WFLA News Channel 8, “Going forward, emergency responders, crime laboratory personnel, and members of law enforcement agencies, ‘including, but not limited to, correction probation officers and child protective investigators’ would be immune from civil or criminal liability as a result of administering emergency opioid antagonists. As long as the individuals listed in the bill administer the treatments within the scope or course of employment come into contact with a controlled substance or someone at risk of experiencing an overdose, they would retain the aforementioned civil and criminal liability.” [WFLA News Channel 8, 3/28/22]
- The Bill Required Hospitals Or Urgent Care Centers To Report Individuals Who Were Treated After They Overdosed To The Florida Department Of Health. According to WFLA News Channel 8, “Additionally, the bill’s text requires that hospital emergency departments or urgent care centers that treat and release someone thought to have overdosed, or an actual overdose patient, report said individual to the Florida Department of Health within 120 hours of becoming aware of the overdose incident.” [WFLA News Channel 8, 3/28/22]
2019: Ron DeSantis Signed Into Law Legislation That Promoted Peer Counseling Services And Codified Training And Certification Requirements For Peer Specialists, Who Are Recovered Addicts Who Support Addicts In Need Of Recovery. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 369, which “promote[d] the use of peer specialists in behavioral health care and revises requirements for recovery residences (also known as ‘sober homes’). Peer specialists are persons who have recovered from a substance use disorder or mental illness who support a person with a current substance use disorder or mental illness. The bill also codifie[d] existing training and certification requirements for peer specialists.” [Florida Senate, Accessed on 8/29/22; Florida Senate, H.B. 369]
- The Bill Increased Access To Peer Counseling For People Suffering From Substance Abuse And Allowed Non-Violent Drug Offenders To Be Eligible To Be A Peer Support Specialist Certified By The State. According to Florida Politics, “A bill that would give people suffering from substance abuse access to broader peer counseling unanimously cleared the Florida House of Representatives Thursday. The bill (HB 369) would allow non-violent drug offenders to qualify to provide peer support services by certifying with the state.” [Florida Politics, 5/24/19]
- Peer Support Services Permit Individuals With Similar Life Circumstances To Help Struggling Addicts To Overcome Their Substance Abuse, Which Allows Addicts To Measure Success With Their Specialist And Permits Them To Connect With Their Specialist, Who Understands Their Addiction. According to Florida Politics, “Peer support services allow individuals with similar life circumstances to work with those struggling with addiction to overcome it. The work would be similar to how members of Alcoholics Anonymous work with a sponsor who is also a recovering addict. The model gives addicts seeking support a measure of success and allows them to connect with an individual who intimately understands the grip of addiction.” [Florida Politics, 5/24/19]
2022: Ron DeSantis Signed Into Law Legislation That Promoted The Use Of Peer Specialists To Help People Recover From Substance Abuse Or Mental Illness By Adding The Specialists To The Coordinated System Of Care In Recovery, Revising Background Screening Requirements For Peer Specialists, And Authorizing A Competency Exam Alongside Training Programs. In March 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 282, which “[p]rovid[ed] that the use of peer specialists is an essential element of a coordinated system of care in recovery from a substance use disorder or mental illness; revis[ed] background screening requirements for certain peer specialists; requir[ed] the Department of Children and Families to designate managing entities to conduct or contract for training for peer specialists; requir[ed] peer specialists and certain persons to meet the requirements of a background screening as a condition of employment and continued employment, etc.” [Florida Senate, Accessed on 10/17/22; Florida Senate, S.B. 282]
- The Bill Established Standards For Certified Peer Specialists And Permitted Specialists To Be A Part Of Florida’s Alcohol And Drug Abuse Delivery System. According to Florida Politics, “A bill that would establish standards for certified peer specialists and allow them to be part of the state’s alcohol and drug abuse delivery system is on its way to the Governor after the House passed the bill 114-0 Thursday. SB 282 had previously passed the Florida Senate earlier this month unanimously.” [Florida Politics, 2/24/22]
- The Bill Amended State Law To Codify Certified Peer Specialists As Part Of The Coordinated System For Substance Use Disorder Treatment. According to Florida Politics, “The bill amends state law to label certified peer specialists as an essential part of a coordinated system of care for the treatment of substance use disorder.” [Florida Politics, 2/24/22]
- The Bill Required Peer Specialists To Have Been In Recovery For The Past Two Years Or Be A Caregiver Or Family Member Of Someone Who Struggled With Substance Abuse Or A Mental Illness, And The Bill Directed The Department Of Children And Families To Develop A Competency Test For Specialists. According to Florida Politics, “The bill requires peer specialists to have been in recovery from a substance use disorder or mental illness for the past two years or be a family member or caregiver of an individual with a history of SUD or mental illness. The bill authorizes the Department of Children and Families to develop a competency test that certified peer specialists would be required to pass.” [Florida Politics, 2/24/22]
- The Bill Required Peer Specialists To Undergo A Background Check While Allowing Them To Request An Exemption If They Have A Disqualifying Offense In Their Record. According to Florida Politics, “The legislation also requires peer specialists to undergo background screening. But if they have a disqualifying offense in their background, they can request an exemption from the disqualification under the bill.” [Florida Politics, 2/24/22]
2019: Ron DeSantis Signed Into Law Legislation That Maintained A Public Records Exemptions For Health-Related Records And Evaluation Regarding Applicants Or Participants Of Treatment-Based Drug Court Programs. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7025, which “save[d] from repeal a public records exemption for health-related records, reports, and evaluations concerning applicants to or participants in treatment-based drug court programs.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 7025]
2019: Ron DeSantis Signed Into Law Legislation That Banned Vaping Or Smoking E-Cigarettes In Enclosed Indoor Workplaces, With Certain Exceptions. In April 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7012, which “implement[ed] Amendment 9 to the Florida Constitution, which was approved by the voters of Florida on November 6, 2018, to ban the use of vapor-generating electronic devices, such as electronic cigarettes (e-cigarettes), in enclosed indoor workplaces. The use of e-cigarettes is commonly referred to as vaping.” [Florida Senate, Accessed on 8/25/22; Florida Senate, S.B. 7012]
- November 2018: Florida Voters Passed A Constitutional Amendment That Combined A Prohibition On Vaping And The Use Of E-Cigarettes In Indoor Workplaces With A Prohibition On Offshore Oil Drilling. According to CBS, “The constitutional amendment, placed on the November ballot by the Florida Constitution Revision Commission, combined a ban on vaping and the use of electronic cigarettes in indoor workplaces with a ban on offshore oil drilling.” [CBS, 4/12/19]
- The Bill Included Similar Requirements That Regulate The Smoking Tobacco Ban In Indoor Workplaces. According to CBS, “The bill includes similar requirements as a long-standing law that bans smoking tobacco in indoor workplaces.” [CBS, 4/12/19]
- The Bill Provided Vaping Ban Exceptions To Stand-Alone Bars, Smoking Rooms In Hotels And Retail Smoking Shops. According to CBS, “It would allow vaping at places such as stand-alone bars, designated rooms in hotels and retail tobacco shops.” [CBS, 4/12/19]
¶ State Preemption And Raising Legal Age Of Purchase
2021: Ron DeSantis Signed Into Law Legislation That Increased The Age To Legally Purchase Tobacco And Nicotine Products From 18 To 21 Years Of Age, Established State Preemption Over The Regulation Of Sales And Marketing Of Tobacco Products And Prohibited Local Government’s From Imposing Regulations Over Tobacco And Nicotine Products. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1080, which “[r]evis[ed] age limitations relating to mail order, Internet, and remote sales of tobacco products; provid[ed] that it is unlawful for persons under 21 years of age to smoke tobacco or vape in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school during specified hours; preempt[ed] the establishment of the minimum age for purchasing and possessing, and the regulation for the marketing, sale, or delivery of, tobacco products to the state; requir[ed] proof of age for certain purchases of tobacco products; requir[ed] retail nicotine product dealers to acquire a permit, etc.” [Florida Senate, Accessed on 10/5/22; Florida Senate, S.B. 1080]
- The Bill Raised Florida’s Legal Age To Purchase Nicotine Or Tobacco To The Age Of 21, In Accordance To 2019 Federal Legislation. According to the Tampa Bay Times, “Gov. Ron DeSantis signed SB 1080 on Friday, raising the state’s legal age for purchasing nicotine or tobacco to 21, to align with federal law. In 2019, Congress passed legislation raising the federal age limit to 21. Earlier that year, similar measures were debated in the Florida Legislature.” [Tampa Bay Times, 5/8/21]
- Some Health Organizations Criticized The Bill Because It Preempted Local Governments From Regulating The Local “Sale And Marketing Of Nicotine Products.” According to the Tampa Bay Times, “The Florida House passed SB 1080 in a 103-13 April vote The bill drew criticism from some health groups, partly because it prevents local regulations involving the sale and marketing of nicotine products.” [Tampa Bay Times, 5/8/21]
- The Bill Authorized The Department Of Business And Professional Regulation To Regulate Tobacco Products, Including Vapes And E-Cigarettes, Instead Of Local Governments. According to the Florida Phoenix, “The measure, approved by large majorities in the Florida House and Senate, would authorize the Department of Business and Professional Regulation instead of local governments to regulate ‘the marketing, sale, or delivery of tobacco products’ including vaping products such as electronic cigarettes. The measure next heads to Gov. Ron DeSantis’ desk.” [Florida Phoenix, 5/5/21]
- According To The American Cancer Society Cancer Action Network, The Preemption Provisions Represented A ‘“Continuous Efforts’ By The Tobacco Industry To Prevent Loss Of Major Profits” And Establish Weak State Regulations. According to the Florida Phoenix, “The problem, to critics, is that the state preemption of local regulations represents a ‘continuous effort’ by the tobacco industry to prevent loss of major profits and allows companies ‘to aggressively target the next generation of youth,’ the American Cancer Society Cancer Action Network said in a written statement. ‘It’s to protect the industry; it’s not to protect public health,’ Susan Alford, Florida senior government relations director at the network, said in a phone interview with the Florida Phoenix. ‘No local government would be able to regulate anything,’ she said. ‘We’ve seen the tobacco or vaping industry use this preemption as an opportunity to set up very weak state regulations. It’s easier for them to pass one preemptive policy.” [Florida Phoenix, 5/5/21]
- Several Health Groups Were Concerned That Law Enforcement Would Disproportionately Target Black And Brown Communities To Enforce Legal Compliance Of Tobacco Possession. According to the Florida Phoenix, “Additionally, following the police killings of George Floyd and other young African Americans across the nation, the health group is concerned that officers may disproportionately target Black and Brown communities for enforcement. ‘With Black and Latin youth receiving more frequent citations than their white counterparts, such laws could allow for law enforcement to approach and harass children of color in under-resourced communities — simply because they have a tobacco product in their possession,’ the group said.” [Florida Phoenix, 5/5/21]
- The Bill Imposed Civil Penalties Against Individuals Under 21 For The Purchase Or Possession Of Tobacco Products, With Either 16 Hours Of Community Service Or A $25 Fine. According to the Florida Phoenix, “The bill imposes civil penalties for children and teens who are under 21 and purchase or possess tobacco products. A violation requires an underage person to choose either 16 hours of community service or pay a $25 fine. Additionally, the teen must attend ‘a school-approved anti-tobacco and anti-nicotine program’ if available.” [Florida Phoenix, 5/5/21]
- The American Cancer Society Cancer Action Network, American Heart Association, American Lung Association And Preventing Tobacco Addiction Foundation/Tobacco21 Urged Ron DeSantis To Veto The Bill, Arguing It Was Critical To Preserve The Right For Local Communities To Protect The Health Of The Residents As Florida Kids Continue To Use Tobacco Products. According to the Florida Phoenix, “Meanwhile, the nonprofit cancer network, along with other health advocacy groups, called on DeSantis on Monday to veto the legislation. The groups, including the American Heart Association, American Lung Association, and Preventing Tobacco Addiction Foundation/Tobacco21, said in a joint statement Monday: ‘At such a pivotal moment for public health, too much is at stake if SB 1080 becomes law. Decades of progress in protecting Florida youth from deadly tobacco products will be reversed while thousands of young lives hang in balance. ‘Florida kids are continuing to use tobacco at alarming rates, with one in four high schoolers reporting use of e-cigarettes. On behalf of all Florida families affected by deadly tobacco, we urge Gov. DeSantis to veto the bill and preserve the right of our communities to protect the health of their residents.’” [Florida Phoenix, 5/5/21]
¶ Local Regulations At Beaches And Parks
2022: Ron DeSantis Signed Into Law Legislation That Restored The Authority For Counties And Municipalities To Impose Smoking Regulations In Public Beaches And Parks, Except For Unfiltered Cigars. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 105, which “rename[d] the Florida Clean Indoor Air Act the ‘Florida Clean Air Act’ and expressly authorize[d] counties and municipalities to restrict smoking within the boundaries of any of the public beaches and public parks they own, except with regard to the smoking of unfiltered cigars.” [Florida Senate, Accessed on 10/14/22; Florida Senate, H.B. 105]
- The Bill Restored Home Rule Over The Regulation Smoking At Public Beaches And Parks. According to the Tallahassee Democrat, “Bucking the Legislature’s tendency of the last few years to preempt local governmental authority, a bill that would restore home rule over banning smoking at public beaches and parks is headed to the desk of Gov. Ron DeSantis.” [Tallahassee Democrat, 3/3/22]
- Some Legislators Opposed The Bill Because It Exempted Cigars From Local Regulation. According to the Tallahassee Democrat, “Wednesday, the Senate voted up Fine’s bill (HB 105) 30-8, with only two Republicans and six Democrats voting against the bill. Some members said they objected to a carve-out in the legislation that exempted cigars. ‘I know you’re trying to get rid of the butts on the beach. But I don’t want to smell cigar smoke on the beach,’ Sen. Tina Polsky, D-Boca Raton, said. ‘If Boca Raton wanted to ban smoke for the smell as well as, you know, non-butts, then why can’t they be able to do that?’” [Tallahassee Democrat, 3/3/22]
- The Bill Restored Municipal And County Power To Ban Smoking At Parks And Beaches And Create Designated Smoking Areas, Which Was An Authority That The State Preempted Over 20 Years Ago. According to the Tallahassee Democrat, “If approved, the legislation will restore the power of city and county governments to ban smoking at public parks and beaches and establish designated smoking areas — authority taken away from them two decades ago.” [Tallahassee Democrat, 3/3/22]
- Most Officials Argued The Bill’s Purpose Was To Tackle Litter, While Other Officials Argued They Were Concerned With Second-Hand Smoke Affecting Children On Playgrounds And At The Beach. According to the Tallahassee Democrat, “Most state and local officials said the purpose of the bill was to fight unsightly litter, but some said they also were concerned about second-hand smoke drifting over to children in playgrounds and on the beach.” [Tallahassee Democrat, 3/3/22]
2019: Ron DeSantis Signed Into Law Legislation That Required Medical Providers To Register Children’s And College Students’ Vaccination Data To The Immunization Registry And Codified The Parents’ And College Students’ Ability To Opt-Out Of The Immunization Registry. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 213, which “amend[ed] s. 381.003, F.S., relating to programs for the prevention and control of vaccine-preventable diseases within the Department of Health (DOH), including programs to immunize school children and the development of an automated, electronic, and centralized database and registry of immunizations. Regarding statutory provisions allowing a child’s parent or guardian to refuse to have his or her child included in the immunization registry, the bill provide[d] that: For a child from birth through 17 years of age, a consent-to-treatment form must contain a notice that the parent or guardian may refuse to have the child included in the immunization registry; A parent or guardian wishing to opt-out of the registry must provide an opt-out form to the health care practitioner or the entity administering the vaccination upon administration of the vaccination, and such health care practitioner or entity must submit the form to the DOH; Such a parent or guardian may also submit the opt-out form directly to the DOH; and Any records or identifying information pertaining to the child must be removed from the registry if the child’s parent or guardian has refused to have his or her child included in the immunization registry. Regarding a college or university student aged 18 years of age to 23 years of age who obtains a vaccination from a college or university student health center or clinic, the bill provide[d] that: A student may refuse to be included in the DOH immunization registry by signing a form obtained from the DOH, health center, or clinic indicating that the student does not wish to be included in the registry; A student wising to opt-out must provide an opt-out form to the health center or clinic upon administration of the vaccination, and the health center or clinic must submit the form to the DOH; A student wising to opt-out may also submit the opt-out form directly to the DOH; and Any records or identifying information pertaining to the student must be removed from the registry if the student has refused to be included in the registry.” [Florida Senate, Accessed on 8/29/22; Florida Senate, H.B. 213]
- 2019: Ron DeSantis Signed Into A Law Mandate For Doctors And Nurses To Register All Children’s Vaccinations Into A Statewide Database, Changing The Optional Recording Of Immunization To A Requirement. According to the HuffPost, “Two years before becoming a hero of the anti-vaccine, anti-mask, anti-medical-record legions of Donald Trump supporters, Florida Gov. Ron DeSantis without fanfare signed into law a requirement that doctors and nurses log all children’s vaccinations into a statewide database. Prior to DeSantis’ approval of the 2019 bill, doctors, nurses and other health care providers could voluntarily enter their patients’ immunization records into the vaccine registry. DeSantis made that mandatory.” [HuffPost, 10/27/21]
- 2019: The Bill Sailed Through The Legislature Despite Anti-Vaccine Groups Opposing The Bill, Claiming The Immunization Registry Was A Way For The State Government To Track Private Medical Information. According to the HuffPost, “At the time, before the COVID-19 pandemic, the bill was not considered particularly controversial and sailed through the legislature with a 111-2 vote in the state House and 38-0 in the Senate. DeSantis signed it into law along with 10 other bills on June 18 of that year, according to a governor’s office press release, and it took effect on Jan. 1 this year — despite opposition from anti-vaccine groups that staged a rally at the state Capitol during the 2019 legislative session. Speakers at that event complained about the state’s ‘tracking’ of ‘private medical information’ — language that mirrors the DeSantis administration’s current opposition to the so-called ‘medical tyranny’ of vaccine mandates and passports.” [HuffPost, 10/27/21]
- The Bill Required Health Care Providers To Report Vaccination Information To The Immunization Registry After Vaccinating A Child Under The Age Of 17 And Expanded The Registry To Include College Students Up To The Age Of 23 And Required Reporting Of Vaccinations For College Students. According to the HuffPost, “That legislation DeSantis signed, House Bill 213, stated that every health care practitioner in the state ‘is required to report vaccination data to the immunization registry’ upon giving a shot to a child ‘from birth to 17 years of age,’ making that policy mandatory rather than voluntary. The bill also further expanded the registry to include college students up to age 23 and made reporting those immunizations mandatory as well.” [HuffPost, 10/27/21]
- The Bill Provided That A Parent Or Vaccine Recipients Over The Age Of 18 Could Refuse To Be Listed On The Immunization Registry. According to the HuffPost, “In addition, H.B. 213 codified existing language that a parent or, in the case of college students, the vaccine recipients themselves, could opt of the registry.” [HuffPost, 10/27/21]
2021: Ron DeSantis Signed Into Law Legislation That Expanded The Types Of Vaccinations That Pharmacists And Pharmacy Interns May Administer To Adults And Authorized Certified Pharmacists To Administer Influenza Vaccines To Children Over The Age Of 7. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 768, which “expand[ed] the types of vaccines that pharmacists and pharmacy interns may administer to adults within the framework of an established protocol with a supervising physician licensed under ch. 458 or 459, F.S. The bill authorize[d] pharmacists and pharmacy interns who are certified by the Board of Pharmacy (BOP) and have completed specified educational and other requirements, to administer to adults any immunization or vaccine that is: Listed in the federal Centers for Disease Control and Prevention’s (CDC) Adult Immunization Schedule, as of April 30, 2021; Recommended by the CDC for international travel, as of April 30, 2021; or Licensed for use in the United States, or authorized for emergency use, by the federal Food and Drug Administration (FDA), as of April 30, 2021. The BOP may authorize additional immunizations and vaccines that may be administered to adults by certified pharmacists and pharmacy interns as they are added to the lists of approved immunizations and vaccines as denoted in the paragraph above. Additionally, the bill authorize[d] pharmacists who are certified to administer vaccines and immunizations to adults to also administer influenza vaccines to children seven years of age or older.” [Florida Senate, Accessed on 10/3/22; Florida Senate, S.B. 768]
- Before The Bill, Florida Only Allowed Pharmacists To Administer Vaccines To Adults But Not Children, Thus The Bill Allowed Pharmacists To Administer Influenza Vaccines To Children Over The Age Of 7. According to the Tampa Bay Times, “While the House Professions & Public Health Subcommittee narrowed the bill to only allow pharmacists to administer influenza vaccines to children ages 7 and older, a statewide pediatric medicine association continued to oppose the measure. […] Florida currently allows pharmacists to administer vaccines to adults, but not children.” [Tampa Bay Times, 3/16/21]
- The Bill Allowed Pharmacists And Registered Pharmacy Interns To Administer CDC-Recommended Or FDA-Approved Vaccines To Adults And Allowed The State Board Of Pharmacy To Authorize Any Additional Vaccines The FDA May Approve For Adults. According to the Tampa Bay Times, “In addition to authorizing pharmacists to vaccinate children ages 7 and older, the bill would authorize pharmacists and registered pharmacy interns who have protocol agreements with supervising physicians to administer any vaccines recommended by the federal Centers for Disease Control and Prevention or vaccines licensed for use on adults by the U.S. Food and Drug Administration. The bill also would authorize the state Board of Pharmacy to authorize by rule any additional vaccinations the Food and Drug Administration may approve for use on adults.” [Tampa Bay Times, 3/16/21]
- Before The Bill, Pharmacists Were Limited To Adult Vaccines That Were On A 2015 List Approved By The CDC. According to the Tampa Bay Times, “Current law limits which vaccines pharmacists can administer to adults to a 2015 list approved by the Centers for Disease Control and Prevention.” [Tampa Bay Times, 3/16/21]
2022: Ron DeSantis Signed Into Law Legislation That Authorized Qualified Pharmacy Technicians To Administer CDC- And FDA-Approved Vaccinations And Immunizations Under The Supervision Of A Certified Pharmacist. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1209, which “expand[ed] the scope of practice of registered pharmacy technicians by authorizing a qualified pharmacy technician to administer certain immunizations and vaccines to adults under the supervision of a certified pharmacist. The bill require[d] pharmacy technicians seeking to administer vaccines and immunizations to be certified to do so pursuant to a certification program approved by the Board of Pharmacy (BOP) in consultation with the Board of Medicine and the Board of Osteopathic Medicine. The certification program must have at least six hours of immunization-related training approved by the BOP that must, at a minimum, have a curriculum of instruction concerning the safe and effective administration of such vaccines, including, but not limited to, potential allergic reactions. As a condition of registration renewal, the bill also require[d] registered pharmacy technicians seeking to administer vaccines and immunizations to have at least two hours of continuing education approved by the BOP in addition to the biennial continuing education required under preexisting law. The bill also update[d] the statutory list of immunizations and vaccines that pharmacists, registered pharmacy interns, and (under the bill) registered pharmacy technicians may become certified to administer, in terms of the dates that immunizations and vaccines have been included in the Adult Immunization Schedule published by the U.S. Centers for Disease Control and Prevention (CDC), have been recommended by the CDC for international travel, or have been licensed for use or authorized for emergency use by the U.S. Food and Drug Administration. The bill revise[d] such dates to March 31, 2022, instead of April 30, 2021. The bill also provide[d] that a registered pharmacy intern or registered pharmacy technician who administers an immunization or vaccine must be supervised by a certified pharmacist at a ratio of one pharmacist to a maximum of five registered interns or registered pharmacy technicians, or a combination thereof.” [Florida Senate, Accessed on 10/26/22; Florida Senate, H.B. 1209]
¶ Science And Technology
¶ Broadband
¶ Florida Office Of Broadband And Funding For Broadband Expansion Inside The Multi-Use Corridor
2020: Ron DeSantis Signed Into Law Legislation That Transferred The State’s Broadband Program To The Department Of Economic Opportunity, Established The Florida Office Of Broadband To Promote And Develop Broadband, And Allowed The Use Of Up To $5 Million Annually To Develop Broadband Within The Multi-Use Corridor. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 969, which “transfer[red] the state’s broadband program from the Department of Management Services (DMS) to the Department of Economic Opportunity (DEO), creating the Florida Office of Broadband within DEOs Division of Community Development. The bill transfer[red] specific powers and duties regarding the development, marketing, and promotion of broadband that were previously under DMS. More specifically, the office is directed to perform the following duties: Create a strategic plan to increase the use of broadband Internet service in Florida. The plan must include a process to review and verify public input on broadband Internet transmission speeds and availability; Build and facilitate local technology planning teams, especially with community members from the areas of education, healthcare, business, tourism, agriculture, economic development, and local government; Encourage public use of Internet service through broadband grant programs; and Monitor, participate in, and provide input on Federal Communications Commission proceedings that are related to the geographic availability and deployment of broadband Internet in Florida. The bill also provide[d] that the Department of Transportation may, beginning in Fiscal Year 2022-2023, use up to $5 million annually from the funds transferred to Florida’s Turnpike Enterprise to the Multi-use Corridors of Regional Economic Significance program for projects that assist in the development of broadband infrastructure within or adjacent to a multiuse corridor. Lastly, the bill repeal[ed] ch. 2012-131, L.O.F., which is obsolete language.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 969]
- The Bill Transferred The Duties Of Broadband Policy From The Department Of Management Services To The Department Of Economic Opportunity And Promote Broadband Services In Rural Areas In Florida. According to Florida Politics, “Gov. Ron DeSantis signed a bill Tuesday that would transfer the responsibility of broadband policy implementation from the Department of Management Services to the Department of Economic Opportunity and encourage the use of broadband internet service in rural underserved areas in Florida.” [Florida Politics, 6/9/20]
- The Bill Created The Florida Office Of Broadband With The Duties To Develop, Market And Promote Broadband. According to Florida Politics, “The measure, HB 969, also called for the creation of the Florida Office of Broadband within the DEO’s Division of Community Development. The duties of the office will include the development, marketing and promotion of broadband.” [Florida Politics, 6/9/20]
- The Bill Authorized The Florida Transportation Department To Use Up To $5 Million From The State Transportation Trust Fund For The Multi-Use Corridors Of Regional Economic Significance Program To Further Broadband Within The Corridor. According to Florida Politics, “Additionally, the measure authorizes the Florida Department of Transportation to spend up to $5 million from the State Transportation Trust Fund allocation to the Multi-use Corridors of Regional Economic Significance Program to further the development of broadband infrastructure within a multi-use corridor.” [Florida Politics, 6/9/20]
¶ Florida Broadband Deployment Act Of 2021
2021: Ron DeSantis Signed Into Law The Florida Broadband Deployment Act Of 2021, Which Provided $1.5 Million To The Department Of Economic Opportunity For Geographic Information System Mapping, Established The Broadband Opportunity Program To Award Grants, And Established A Promotional Rate For Wireline Attachments Of Broadband Facilities To Municipal Electric Utility Poles. In May 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1239, which “[r]evis[ed] duties of the Florida Office of Broadband; provid[ed] an appropriation to the Department of Economic Opportunity for geographic information system broadband mapping; provid[ed] for administration of the program; provid[ed] requirements for grant awards; requir[ed] the publication of certain information related to grant applications and grant awards on a website; requir[ed] the office to publish specified information annually on its website; establish[ed] a promotional rate and related terms for wireline attachments of broadband facilities to municipal electric utility poles; provid[ed] procedures and requirements for receiving the promotional rates; establish[ed] cost responsibility for replacement utility poles in certain circumstances; prohibit[ed] municipal electric utilities from increasing certain fees for pole attachments for a specified period, etc. APPROPRIATION: $1,500,000.” [Florida Senate, Accessed on 10/6/22; Florida Senate, H.B. 1239]
- The Bill Gave Florida Internet Companies More Opportunities To Expand Into Underserved And Unserved Communities. According to WFLA News Channel 8, “During a Friday night bill-signing run, Florida Gov. Ron DeSantis signed House Bill 1239 into law, giving internet companies in Florida more opportunities to expand and provide connections to underserved or unserved communities.” [WFLA News Channel 8, 5/10/21]
- The Bill Modified The Duties Of The Florida Office Of Broadband And Provided $1.5 Million To Develop Maps Of Broadband Service Across Florida, Aiming To Increase Internet Access To All Of Florida. According to WFLA News Channel 8, “HB 1239 is a step toward getting internet access for all residents of Florida. The COVID-19 pandemic has shown how important having internet access is, as a national debate on the nature of infrastructure continues. Access to broadband has become an increasingly important factor in the American workforce, as well as education. Called the ‘Florida Broadband Deployment Act of 2021,’ the new law makes changes to how the Florida Office of Broadband works, and commits a one-time appropriation of $1.5 million to develop maps of broadband internet service across the state.” [WFLA News Channel 8, 5/10/21]
- The Bill Created The Broadband Opportunity Program To Provide Grant Funding To Applicants Who Are Expanding Broadband To Unserved Areas In Florida. According to WFLA News Channel 8, “The Broadband Opportunity Program was created by the law to provide funding opportunities through grants to applicants who are working to expand broadband service to unserved areas of Florida.” [WFLA News Channel 8, 5/10/21]
- The Bill Required The Florida Office Of Broadband To Administer Grants And Act As The Fiscal Agent Of The Grant Program, And The Grants Were Prohibited From Being Used To Install Broadband In Areas That Already Had One Provider. According to WFLA News Channel 8, “The Florida Office of Broadband is now required by law to administer and act as the fiscal agent of the program to receive and review grant applications, then award them, to fund installation of broadband support infrastructure. Grants that are awarded for this program cannot be used to install or deploy broadband service to areas that already have at least one provider, instead they are focused solely on providing internet service to areas that currently have none.” [WFLA News Channel 8, 5/10/21]
- The Bill Allowed Corporation, Limited Liability Companies, Political Subdivisions And Indigenous Tribes To Apply For The Grant Program, But Prohibited Government Entities From Receiving Grants And Prevented Educational Institutions From Receiving Grants Unless Other Providers Were Not Providing In The Unserved Area. According to WFLA News Channel 8, “Applicants for the grants include corporations, limited liability companies, political subdivisions and Indian tribes in Florida. Government entities are not allowed to receive grants from the program, directly or indirectly. Educational institutions and their affiliates are also prevented from receiving grants for broadband service for use at commercial premises unless other service providers are not working in the unserved area.” [WFLA News Channel 8, 5/10/21]
- The Bill Allowed The Attachment Of Broadband Facilities To Municipal Electric Utility Poles As A Way To Increase Availability To Internet Connectivity. According to WFLA News Channel 8, “Infrastructure for internet service is also seeing some adjustment in the law, with a new statute created to allow for attaching broadband facilities to municipal electric utility poles as a way to increase availability of access throughout the state. ‘The lack of internet connectivity and widespread broadband availability is detrimental to the growth of the economy, access to telehealth, and educational opportunities,’ the law reads.” [WFLA News Channel 8, 5/10/21]
- The Bill Used Some Federal Funding To Address Inadequate Broadband Service And Required That Service Has At Least A Rate Of 25 Megabits Per Second For Downloads And 3 Megabits Per Second For Uploads. According to WFLA News Channel 8, “To that end, some federal funds will be used by the state to address inadequate or non-existent service in parts of Florida, and requires that broadband service in the state has a minimum rate of 25 megabits per second for download, and at least 3 megabits per second for upload.” [WFLA News Channel 8, 5/10/21]
- The Bill Gave Broadband Providers The Opportunity To “Receive A Promotional $1 Per Wireline Attachment Per Pole Rate Each Year For Any New Attachments” That Are Critical To Provide Broadband Access To Unserved Or Underserved Communities. According to WFLA News Channel 8, “The law takes effect July 1. From that date, broadband providers will be able to receive a promotional $1 per wireline attachment per pole rate each year for any new attachments that are needed to provide broadband in unserved or underserved users within a municipal electric utility service territory.” [WFLA News Channel 8, 5/10/21]
2021: Ron DeSantis Signed Into Law Legislation That Expanded The Duties Of The Florida Digital Service Relating To Florida’s Cybersecurity Governance Framework, Required The Cybersecurity Audit Plan To Include Long-Term And Annual Audit Plans, And Created The Florida Cybersecurity Advisory Council To Help Protect Against Cyber Threats And Implement Best Cybersecurity Practices. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1297, which “expand[ed] the duties and responsibilities of the Florida Digital Service (FDS) relating to the state’s cybersecurity governance framework. The bill define[d] ‘cybersecurity’ to mean the protection afforded to an automated information system in order to attain the applicable objectives of preserving the confidentiality, integrity, and availability of data, information, and information technology (IT) resources. The bill ma[de] conforming changes across several provisions by replacing all versions of the term ‘information technology security’ with the term ‘cybersecurity.’ The bill require[d] that a cybersecurity audit plan be included in the long-term and annual audit plans that agency inspectors general are required to complete. The bill specifie[d] the Department of Management Services (DMS), acting through the FDS, is the lead entity responsible for assessing state agency cybersecurity risks and determining appropriate security measures to combat such risks. The bill create[d] new, and amends current, cybersecurity-related duties and responsibilities of the DMS. The bill also expand[ed] the responsibilities of each state agency head in relation to cybersecurity. The bill create[d] the Florida Cybersecurity Advisory Council (council) within the DMS. The purpose of the council is to assist the state in protecting the state’s IT resources from cyber threats and incidents, and to assist the FDS in implementing best cybersecurity practices. The bill outline[d] membership requirements of the council, term requirements of each member, and duties and responsibilities of the council as a whole. The bill require[d] the members of the council to maintain the confidential or exempt status of information received in the performance of their duties and responsibilities as members of the council. Beginning June 30, 2022, and annually thereafter, the council is required to submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives outlining any recommendations considered necessary by the council to address cybersecurity.” [Florida Senate, Accessed on 10/6/22; Florida Senate, H.B. 1297]
- The House FY 2023 Budget Reserved $31.6 Million For The Florida Digital Service To Undergo Projects, Audits And Software Acquisitions That Were Recommended By The Florida Cybersecurity Task Force. According to Florida Politics, “The House budget would pump millions into cybersecurity efforts at the Florida Digital Service and state agencies. All told, the chamber’s proposed budget sets aside $31.6 million for a suite of projects, audits and software procurements that were recommended in a Florida Cybersecurity Task Force report delivered to the Legislature earlier this year. The project list is contingent on the Legislature passing HB 1297 ‘or similar legislation’ — presumably SB 1900 — that revises the duties and responsibilities of the Florida Digital Service.” [Florida Politics, 3/29/21]
- Established In 2020, The Florida Digital Service Was Tasked With Maintaining State Data, Establishing Testing Environments To Demo Software Before Implementation, And Easing Data-Sharing Between State Agencies. According to Florida Politics, “FDS was created last Legislative Session as a replacement for the Division of State Technology. It’s charged with maintaining state data, setting up testing environments to demo state software before it’s rolled out, and facilitating data sharing between government agencies.” [Florida Politics, 3/29/21]
- The Bill Required The Florida Digital Service To Evaluate And Remedy Cybersecurity Risks At Governmental Agencies And Develop Mitigation Rules For Cybersecurity Risks And Protect Data. According to Florida Politics, “The 2021 bill calls for FDS to analyze and remedy cybersecurity risks at state agencies and develop rules to mitigate cybersecurity risks and protect state data.” [Florida Politics, 3/29/21]
2021: Ron DeSantis Signed Into Law Legislation That Prohibited Social Media Platforms From De-Platforming Political Candidates Or Journalistic Enterprises, Established Restrictions For Platforms To Contract With Public Entities If They Were Found To Have Violated Antitrust Laws, And Authorized Individuals To Sue Platforms If They Were Unfairly Censored Or De-Platformed Without Proper Notice. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7072, which “establishe[d] a violation for social media deplatforming of a political candidate or journalistic enterprise and require[d] a social media platform to meet certain requirements when it restricts speech by users. The bill prohibit[ed] a social media platform from willfully deplatforming a candidate for political office and allows the Florida Elections Commission to fine a social media platform $250,000 per day for deplatforming a candidate for statewide office and $25,000 per day for deplatforming any other candidate, in addition to the remedies provided in ch. 106, F.S. If a social media platform willfully provides free advertisements for a candidate, such advertisement is deemed an in-kind contribution, and the candidate must be notified. The bill establishe[d] restrictions for receiving economic benefits or contracting with public entities for certain social media platforms who have violated antitrust laws and who have been placed on the Antitrust Violator Vendor List. The Department of Management Services is required to maintain the Antitrust Violator Vendor List of the names and addresses of the people or affiliates who have been disqualified from the public contracting and purchasing process. The Attorney General is authorized to place an entity on the Antitrust Violator List on a temporary basis under specified circumstances. The bill provide[d] for exceptions from the applicability of the antitrust violator provisions. A social media platform that fails to comply with the requirements under the bill may be found in violation of the Florida Deceptive and Unfair Trade Practices Act by the Department of Legal Affairs. Additionally, a user of a social media platform may bring a private cause of action against a social media platform for failing to apply consistently certain standards and for censoring or deplatforming without proper notice.” [Florida Senate, Accessed on 10/11/22; Florida Senate, S.B. 7072]
- The Bill Allowed Florida’s Attorney General To Sue Technology Companies That Violate The Bill, And If The Platforms Were To Be Found Guilty Of Violating Antitrust Law, They Would Be Prohibited From Contracting With Public Entities. According to Press Release - Governor Ron DeSantis, “The Attorney General of Florida can bring action against technology companies that violate this law, under Florida’s Unfair and Deceptive Trade Practices Act. If social media platforms are found to have violated antitrust law, they will be restricted from contracting with any public entity. That ‘antitrust violator’ blacklist imposes real consequences for Big Tech oligopolies’ bottom line.” [Press Release - Governor Ron DeSantis, 5/24/21]
- The Bill Prohibited Big Tech From De-Platforming Political Candidates In Florida, Requiring The Florida Election Commission To Fine Social Media Companies $250K Per Day For De-Platforming Statewide Office Candidates Or $25K Per Day For De-Platforming For Non-Statewide Office Candidates. According to Press Release - Governor Ron DeSantis, “Big Tech is prohibited from de-platforming Floridian political candidates. The Florida Election Commission will impose fines of $250,000 per day on any social media company that de-platforms any candidate for statewide office, and $25,000 per day for de-platforming candidates for non-statewide offices. Any Floridian can block any candidate they don’t want to hear from, and that is a right that belongs to each citizen — it’s not for Big Tech companies to decide.” [Press Release - Governor Ron DeSantis, 5/24/21]
- Ron DeSantis Signed The First Bill In The Nation That Penalized Tech Companies For De-Platforming Politicians, Which Provided That Social Media Platforms Could Only Suspend Accounts For 14 Days But Not Permanently. According to BBC News, “Florida Governor Ron DeSantis has signed a first-in-the-nation bill that can penalise tech companies for deplatforming politicians. The legislation states that platforms can only suspend accounts for 14 days, and will be fined as much as $250,000 (£176,000) per day for violations.” [BBC News, 5/24/21]
- Twitter And Facebook Opposed The Bill. According to BBC News, “NetChoice, a tech lobbying group whose members include Twitter and Facebook, testified against the bill in March.” [BBC News, 5/24/21]
- Opponents Argued The Bill Violated The Constitutional Right To Free Speech. According to BBC News, “Legal challenges are expected, with opponents contending that the bill violates Americans’ constitutional rights to free speech.” [BBC News, 5/24/21]
- The Bill Included An Exemption To Companies That Own And Operate Theme Parks Or Entertainment Complexes, Such As Disney World. According to BBC News, “The legislation includes a clause that exempts a company ‘that owns and operates a theme park or entertainment complex’. Florida is home to the Disney World theme park.” [BBC News, 5/24/21]
2022: Ron DeSantis Signed Into Law Legislation That Removed The Theme Park Exclusion From The Definition Of “Social Media Platform” Relating To The 2021 Bill That Prohibited Platforms From Censoring And De-Platforming Political Candidates. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 4-C, which “amend[ed] the definition of ‘social media platform’ as it pertains to the application of SB 7072, passed by the Legislature during the 2021 Regular Session and signed into law on May 24, 2021. SB 7072 (2021) addressed some concerns related to social media platforms. Among other things, the bill created s. 501.2041, F.S., which provides that social media platforms must apply uniform standards, notify censored or deplatformed users, allow users to make certain choices, ensure posts by or about candidates for office in Florida are not shadow banned, and ensure that journalistic enterprises are not censored or deplatformed. The definition of ‘social media platform’ in s. 501.2041, F.S., specifically excludes any information service, system, Internet search engine, or access software provider operated by a company that owns and operates a theme park as defined in s. 509.013, F.S. The bill remove[d] the theme park exclusion from the definition of social media platform in s. 501.2041, F.S.” [Florida Senate, Accessed on 11/2/22; Florida Senate, S.B. 6-C]
- Requested By Ron DeSantis As Retribution For Disagreeing With The “Don’t Say Gay Bill,” The Bill Removed Disney’s Exemption To The Social Media Law Passed In 2021. According to Bloomberg Law, “Florida’s governor may be able to impose swift retribution against Walt Disney Co. for publicly disagreeing with the state’s ‘don’t say gay’ education law. Republican Ron DeSantis, who’s running for a second term as governor, asked lawmakers to remove a Disney exemption they wrote into a social media law last year. A Florida House vote is all that’s needed to give the governor what he wants, after the Florida Senate on Wednesday passed the legislation sought by DeSantis (S.B. 6C).” [Bloomberg Law, 4/20/22]
- Although The Law Became Unenforceable Due To A Federal Court Ruling It Unconstitutional, The 2021 Law Was Written To Exclude Florida Theme Parks Or Entertainment Complexes From The Penalties. According to Bloomberg Law, “The social media law (S.B. 7072) permits fines of $250,000 a day when candidates for statewide office are blocked from using their accounts for more than 14 days. Blocking candidates in local elections would carry a $25,000 daily fine. That law—which isn’t being enforced after a federal court ruled it’s unconstitutional—was written to specifically exclude social media platforms of companies that also own or operate a Florida theme park or entertainment complex.” [Bloomberg Law, 4/20/22]
- If The Federal Court Ruling Were To Be Reversed, Theme Parks Would No Longer Be Exempted From The 2021 Social Media Law. According to Bloomberg Law, “That theme-park exemption would disappear should an appeals court reverse that decision—a real possibility since a challenge is being argued in the U.S. Court of Appeals for the Eleventh Circuit.” [Bloomberg Law, 4/20/22]
- The Federal Judge Ruled That The 2021 Law Violated The First Amendment And Highlighted It Do Not Apply Equally To All Social Media Platforms, Thus Republicans Used The 2022 Bill To Show The Courts That The Social Media Law Was Intended To Apply To All Providers Equally. According to Bloomberg Law, “Repealing Disney’s exemption would show the judges that lawmakers and the governor intend for the social media law ‘to apply to all entities evenly,’ Sen. Jennifer Bradley (R) said on the Senate floor. ‘This is a good bill that should not be controversial’ because of the previous court ruling, she said. In ordering a preliminary injunction last year, U.S. District Judge Robert Hinkle wrote that the law violated the First Amendment and didn’t apply equally to all social media providers.” [Bloomberg Law, 4/20/22]
- Ron DeSantis Expanded A Special Session For Lawmakers To Erase Disney’s Exemption From The 2021 Social Media Law. According to Bloomberg Law, “He expanded a special session to add bills on just two topics: erasing the Disney exemption from the social media law, and ending a special status Disney has had for decades that gives it access to tax-exempt financing.” [Bloomberg Law, 4/20/22]
2021: Ron DeSantis Signed Into Law Legislation That Established A Public Records Exemption For Investigative Information Received By Attorney General Over Social Media Platforms And Antitrust Violations. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7074, which “ma[de] confidential and exempt from public records copying and inspection requirements information received by the Attorney General in an investigation into whether a social media platform has committed an antitrust violation based on a case brought by a governmental entity; or failed to meet certain requirements before restricting a user’s speech. All such information remains confidential and exempt during the active investigation. Once the investigation ceases to be active, the following information remains confidential and exempt: All information to which another public records exemption applies; Personal identifying information; A computer forensic report; Information that would otherwise reveal weaknesses in a business's data security; and Proprietary business information. This public records exemption expires October 2, 2026, unless saved from repeal by the Legislature.” [Florida Senate, Accessed on 10/11/22; Florida Senate, S.B. 7074]
¶ Distribution Rates For Resiliency, Water Quality Issues, And Affordable Housing
2021: Ron DeSantis Signed Into Law Legislation That Distributed Momentary Stamp Tax Funds To The New Resilient Florida Program And The Water Sustainability And Accountability Program Trust Fund For Wastewater Grant Programs, And Lowered The Distribution Rate To The State Housing Trust Fund And Local Government Housing Trust Fund. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 2512, which “conform[ed] statutes to the funding decisions related to the Documentary Stamp Distributions in the General Appropriations Act (GAA) for Fiscal Year 2021-2022. The bill: Revise[d] Documentary Stamp Tax distributions of the remainder after distributions are made to the Land Acquisition Trust Fund, Department of Revenue Administration cost, and the General Revenue Service Charge by: Adding a distribution of 5.4175 percent of the remainder to the newly created Resilient Florida Trust Fund to be used for the new Resilient Florida Program. Adding a distribution of 5.4175 percent of the remainder to the Water Sustainability and Accountability Program Trust Fund to be used for the wastewater grant program provided in s. 403.0673, F.S. Amending the distributions made to the State Housing Trust Fund and Local Government Housing Trust Fund to 9.70254 percent of the remainder. Also, prevents funds distributed to the State Housing Trust Fund and the Local Government Housing Trust Fund from being transferred to General Revenue. Amend[ed] the use of the Water Protection and Sustainability Program Trust Fund to authorize the fund to be used for the wastewater grant program. Ma[de] other technical adjustments to clean up the subsection. [Was] linked to Resilient Florida Trust Fund bill (SB 2514) and Statewide Flooding and Sea-Level Rise Resilience (SB 1954).” [Florida Senate, Accessed on 10/10/22; Florida Senate, S.B. 2512]
- The Bill Divided Over $400 Million Of Documentary-Stamp Tax Funds That Were Previously Used For Affordable Housing Through The Sadowski Trust Fund. According to WUSF Public Media, “More controversially, the House on Thursday voted 78-38 to approve a measure (SB 2512) that would divvy up more than $400 million in documentary-stamp tax dollars that in the past have been targeted toward what is known as the Sadowski Trust Fund for affordable housing.” [WUSF Public Media, 7/8/21]
- The Bill Directed $200 Million In Documentary-Stamp Tax Funds For Affordable Housing, $111.7 Million To Combat Sea-Level Rise And $111.7 Million For Sewage Treatment Projects. According to WUSF Public Media, “The bill would direct $200 million in documentary-stamp tax money to affordable housing, with $111.7 million going to sea-level rise efforts and $111.7 million going to sewage treatment projects, Senate sponsor Ben Albritton, R-Wauchula, said Wednesday.” [WUSF Public Media, 7/8/21]
- House Democrats Opposed The Bill Because They Disagreed On Using Money For Other Programs That Could Go Towards Affordable Housing, Especially The Sadowski Trust Fund. According to WUSF Public Media, “House Democrats objected to paying for other programs with money that could go to affordable housing. The Sadowski Trust Fund has been an annual target of lawmakers who divert or ‘sweep’ the money to be used for other expenses.” [WUSF Public Media, 7/8/21]
- A House Democratic Legislator Argued The Bill Essentially Slashed Half Of Future Funds For Affordable Housing And Created A False Narrative That The Only Way To Address Sea Level Rise And Water Quality Issues Was To Fund It At The Cost Of Affordable Housing. According to WUSF Public Media, “Rep. Omari Hardy, D-West Palm Beach, said the bill would essentially cut in half future affordable housing money. ‘This plan is built on a false choice,’ Hardy said. ‘It recognizes that we have needs in the state of Florida. Sea level rise is an issue. Water quality is an issue. And it says that the only way that we can address these issues, the only way that we can fund these vital measures, which I support, is to fund it on the backs of working-class Floridians who are struggling to find a place that they can live in and a place that they can afford.’” [WUSF Public Media, 7/8/21]
- Another House Democratic Legislator Argued The Florida Legislature Could Have Used The $10 Billion Provided From The American Rescue Plan To Fund Resiliency Efforts, Sewage Projects And Water Quality Issues. According to WUSF Public Media, “Rep. Joe Geller, D-Aventura, said the state could use $10 billion headed to Florida from the federal American Rescue Plan to fund resiliency efforts, sewage projects and other urgent water needs.” [WUSF Public Media, 7/8/21]
¶ Hurricane Relief, Sales Tax Holidays And tax Cuts
2019: Ron DeSantis Signed Into Law Tax Legislation That Provided Tax Relief To Affected Areas By Hurricane Michael, Provide A “Back To School” Sales Tax Holiday, Included A Disaster Preparedness Sales Tax Holiday, Required Public Schools To Share Referendum Funds With Charters, And Provided Several Tax Cuts. In May 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7123, which “[r]equir[ed] that all of the proceeds from filing fees for trial and appellate proceedings be deposited into the State Courts Revenue Trust Fund; provid[ed] a tangible personal property assessment limitation, during a certain timeframe and in certain counties, for certain agricultural equipment rendered unable to be used due to Hurricane Michael; reduc[ed] tax rates on rental or licensee fees for the use of real property; revis[ed] an insurer's authority to reduce certain tax installment payments for purposes of determining if a certain tax penalty is imposed, etc.” [Florida Senate, Accessed on 9/1/22; Florida Senate, H.B. 7123]
- The Bill Included Tax Relief For Damages Resulting From Hurricane Michael And A “Back To School” Sales Tax Holiday. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed CS/HB 7123: Taxation at the 33rd Annual Governor’s Hurricane Conference. Highlights of the bill include tax relief for Hurricane Michael damage and a ‘back-to-school’ sales tax holiday, among other benefits.” [Press Release - Governor Ron DeSantis, 5/16/19
- The Bill, Accompanied By The FY 2020 Budget, Would Save Almost $400 Million By Providing Tax Relief To Those Affected By Hurricane Michael And Preparing For The Upcoming Hurricane Season. According to Press Release - Governor Ron DeSantis, “The bill aims to provide tax relief to the people affected by Hurricane Michael and aid in preparation for the upcoming hurricane season. Currently, Florida’s per capita state tax burden of $1,822 is the second lowest among all states. Governor DeSantis is committed to reducing Floridians’ tax burden even further and making Florida the most dynamic economy in the nation. CS/HB 7123 combined with the FY 2020 budget will save Floridians almost $400 million.” [Press Release - Governor Ron DeSantis, 5/16/19]
- The Bill Reduced The School Property Tax Millage Rate By 0.148 Mills, Saving Floridians An Overall Of $272.3 Million. According to Press Release - Governor Ron DeSantis, “$272.3 Million – The FY 2020 budget reduces the school property tax millage rate by 0.148 mills for an overall annual tax savings of $272.3 million.” [Press Release - Governor Ron DeSantis, 5/16/19]
- The Bill Provided Two Sales Tax Holidays, Saving Floridians $41.7 Million During A “Back To School” Sales Tax Holiday And $5.5 Million From A One-Week “Disaster Preparedness Sales Tax Holiday.” According to Press Release - Governor Ron DeSantis, “$47.2 Million – Two sales tax holidays which will provide Florida families with the following savings in the upcoming fiscal year: $41.7 million from a 5-day back-to-school sales tax holiday helping Florida families prepare for the upcoming school year. $5.5 million from one-week disaster preparedness sales tax holidays to encourage Floridians to be prepared for the hurricane season.” [Press Release - Governor Ron DeSantis, 5/16/19]
- The Bill Generated Annual Savings Of $64.5 Million Starting In 2020 By Lowering The State Tax Rate On The Rental Or Lease Of Commercial Real Property To 5.5%. According to Press Release - Governor Ron DeSantis, “$64.5 Million – Reduces the state tax rate on the rental or lease of commercial real property from 5.7 percent to 5.5 percent, generating annual savings of $64.5 million beginning January 1, 2020.” [Press Release - Governor Ron DeSantis, 5/16/19]
- The Bill Provided $800K In Sales Tax Refunds On Fences And Building Materials And Fuel Tax Refunds For Agriculture Shipments And Debris Cleanup And Provided $500K In Property Tax Relief Due To The Effect Of Hurricane Michael On Tangible Personal Property. According to Press Release - Governor Ron DeSantis, “$1.3 Million – Includes relief from certain sales, fuel, and property taxes for areas affected by Hurricane Michael. $0.8 million from sales tax refunds on fences and building materials, and fuel tax refunds for agricultural shipments and debris cleanup. $0.5 million from property tax relief from tangible personal property not as high for at least 60 days due to the effects of Hurricane Michael in affected counties.” [Press Release - Governor Ron DeSantis, 5/16/19]
- The Bill Saved Floridians $8.5 Million By Including A Sales Tax Exemption On Goods Intended To Donate To Non-Profits And Doubling The Discount On Civil Penalties To Individuals Who Choose To Attend Traffic School. According to Press Release - Governor Ron DeSantis, “$8.5 Million – Various other reductions including a sales tax exemption on the purchase of goods later donated to non-profit organizations and a doubling of the discount on civil penalties offered to individuals choosing to attend traffic school, saving Floridian’s a total of $8.5 million.” [Press Release - Governor Ron DeSantis, 5/16/19]
- The Bill “Required School Districts To Share Voter-Approved Referendum Funds With Charter Schools” On Future Ballot Measures. According to the Tampa Bay Times, “Late Friday night, the Legislature passed their tax package bill — with modified language that required school districts to share voter-approved referendum funds with charter schools, but only for future ballot measures.” [Tampa Bay Times, 5/3/19]
- The Language For School Districts To Share Referendum Funds With Charter Schools Came From A Miami-Dade Referendum Which Increased Local Property Taxes To Provide Teachers Raises And Enhance School Security But The District Refused To Share Funds With Charter Schools. According to the Tampa Bay Times, “The language stems from a fight in Miami-Dade, whose voters recently passed a ballot referendum to hike their local property taxes in the name of giving public school teachers raises and increasing school security. District officials have said they would not be sharing the bulk of those funds with charter schools, which are publicly funded schools managed by private entities.” [Tampa Bay Times, 5/3/19]
- The Bill Provided A Tax Exemption From A Per-Mile Tax On Fiber Lines On Public Lands To Wholesale Telecommunications Companies, Which Would Cost Localities $400K Statewide. According to the Tampa Bay Times, “The bill also includes a last-minute tax cut to wholesale telecommunications companies by exempting them from a per-mile tax on telephone or fiber lines they lay on public lands. That’s estimated to cost local governments $400,000 statewide, Avila said, touting the For cities like Miami and Tampa, that will mean roughly $25,000 lost annually, according to a 2018 Revenue Estimating Conference report.” [Tampa Bay Times, 5/3/19]
2020: Ron DeSantis Signed Into Law Legislation That Provided Tax Relief, Including Disaster Preparedness And Back-To-School Tax Holidays. In April 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 7097, which “[i]ncreas[ed] a population limit on counties that may use tourist development tax revenues for certain uses; extend[ed] the timeframe within which certain changes to property damaged or destroyed by Hurricane Michael must commence to prevent the assessed value of the property from increasing; revis[ed] the deadlines for applying for additional ad valorem tax exemptions for certain servicemembers for a specified tax year; authoriz[ed] a property appraiser in a county for which the Governor has declared a state of emergency to post notices of proposed property taxes on its website if mailing the notice is not possible; provid[ed] sales tax exemptions for certain clothing, wallets, bags, school supplies, personal computers, and personal computer-related accessories during a certain timeframe; provid[ed] sales tax exemptions for certain disaster preparedness supplies during a certain timeframe, etc. APPROPRIATION: $311,000.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 7097]
- The Tax Cut Bill Included Disaster Preparedness And Back-To-School Sales Tax Holidays In 2020. According to Florida Politics, “Gov. Ron DeSantis on Wednesday signed a handful of bills, including a tax cut package that will bring back the disaster preparedness and back-to-school sales tax holidays for 2020.” [Florida Politics, 4/9/20]
- The Bill Cut Almost $37 Million Taxes And Local Taxes Were Decreased By Almost $11 Million. According to Florida Politics, “As passed, the state coffers would take a nearly $37 million haircut, and local taxes would be reduced by almost $11 million. Still, the sales tax holidays were preserved.” [Florida Politics, 4/9/20]
- The Bill Included Provisions That Could Increase More Local Capital-Outlay Tax Dollars Going Towards Charter Schools And Provisions Relating To Requirements For Hospitals To Be Eligible For A Charitable Tax Exemption. According to Florida Politics, “Other parts of the tax bill involve policy issues, such as a change that could lead to more local capital-outlay tax dollars going to charter schools. Another change deals with requirements for hospitals to qualify for a charitable tax exemption.” [Florida Politics, 4/9/20]
2021: Ron DeSantis Signed Into Law Legislation That Provided Tax Relief, Including Disaster Preparedness And Back-To-School Tax Holidays, A Permanent Tax Exemption To Seniors, And Tax Credits For Businesses. In May 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 7061, which “[s]pecif[ied] that portions of property not used for certain purposes are not exempt from ad valorem taxation; specif[ied] that exemptions for certain portions of property from ad valorem taxation are not affected so long as such portions of property are used for specified purposes; exempting certain multifamily projects from ad valorem taxation; requir[ed], rather than authorizing, tax collectors to accept late payments of prepaid property taxes within a certain timeframe; extend[ed] the expiration date of the sales tax exemption for data center property; exempt[ed] specified items that assist in independent living from the sales tax, etc. APPROPRIATION: $208,000.” [Florida Senate, Accessed on 10/11/22; Florida Senate, H.B. 7061]
- The Bill Provided Over $168 Million In Taxpayer Savings, Including Over $34 Million In Recurring Tax Cuts And A 10-Day Tax Holiday To Help Floridians Prepare For Hurricane Season. According to Press Release - Governor Ron DeSantis, “HB 7061 provides more than $168 million in taxpayer savings to families and businesses in the upcoming fiscal year, including more than $34 million in recurring tax cuts. Included in the tax package are several components: Sales Tax Holidays ‘Disaster Preparedness’ Tax Holiday from May 28 until June 6, 2021 This 10-day tax holiday allows Floridians to prepare for hurricane season while saving money on disaster preparedness items such as flashlights under $40, batteries less than $50, tarps under $100, generators less than $1,000, and more.” [Press Release - Governor Ron DeSantis, 5/21/21]
- The Bill Established A “Freedom Week,” Providing 7 Days Without Sales Taxes On Outdoor Recreation Purchases. According to Press Release - Governor Ron DeSantis, “‘Freedom Week’ Tax Holiday from July 1 until July 7, 2021 The first ever ‘Freedom Week’ provides 7 days of sales tax savings on outdoor recreation purchases, such as the first $100 of the sales price of sunglasses, the first $200 of the sales prices of tents, and the first $500 of the sales price of kayaks or canoes, as well as tickets for events, museums, the arts, and more.” [Press Release - Governor Ron DeSantis, 5/21/21]
- The Bill Provided A Back-To-School Sales Tax Holiday. According to Press Release - Governor Ron DeSantis, “Back-to-School Sales Tax Holiday from July 31 until August 9, 2021 Spanning 10 days, Floridians will pay no sales tax for certain clothing of $60 or less per item, school supplies of $15 or less per item, and the first $1,000 of personal computers and related accessories.” [Press Release - Governor Ron DeSantis, 5/21/21]
- The Bill Created The First Permanent Sales Tax Exemption For Seniors For Independent Living Items, Such As Bed Rails And Shower Seats. According to Press Release - Governor Ron DeSantis, “Tax Cuts to Support Florida’s Seniors Living Independently HB 7061 creates Florida’s first permanent sales tax exemption for independent living items for seniors in our state. Items like bed transfer handles, bed rails, grab bars, and shower seats will be exempt from sales tax for individual purchases.” [Press Release - Governor Ron DeSantis, 5/21/21]
- The Bill Provided Ad Valorem Tax Breaks, Including A Tax Break For Certain Affordable Housing Properties, And Provided Pending Implementation Language For A Constitutional Amendment Providing Property Tax Relief In Relation To Flood Mitigation. According to Press Release - Governor Ron DeSantis, “Ad Valorem Tax Breaks To support housing options for all Floridians, the tax package doubles the ad valorem tax exemption for certain affordable housing properties from 50% to 100%. Additionally, the bill includes implementation language for a proposed constitutional amendment providing property tax relief for residential property improvements made for the purpose of flood mitigation. This property tax relief is subject to the approval by the voters on the 2022 General Election ballot.” [Press Release - Governor Ron DeSantis, 5/21/21]
- The Bill Established A Strong Families Tax Credit Program For Businesses To Make Donations To Eligible Charities That Provide Child Welfare Services. According to Press Release - Governor Ron DeSantis, “Strong Families Tax Credit Program To help support the wellbeing of children in our state, HB 7061 creates the Strong Families Tax Credit Program for businesses that make monetary donations to certain eligible charitable organizations that provide services focused on child welfare.” [Press Release - Governor Ron DeSantis, 5/21/21]
- The Internship Tax Credit Provided A Tax Break For Businesses That Employed And Retained Student Interns, Aimed To Encourage Companies To Hire College Students. According to Press Release - Governor Ron DeSantis, “Internship Tax Credit The newly created Internship Tax Credit provides tax relief for Florida businesses that employ and retain student interns, encouraging companies to hire young Floridians attending college in our state.” [Press Release - Governor Ron DeSantis, 5/21/21]
- The Bill Established The Brownfields Tax Credit Program, Providing A One-Time Funding Increase Of $17.5 Million To Fund A Backlog Of Approved Credits, Which Would Incentivize Businesses To Clean Up Hazardous Sites. According to Press Release - Governor Ron DeSantis, “Brownfields Tax Credit Program The bill also provides a one-time increase in funding of $17.5 million for the Brownfields Tax Credit Program to fund a backlog of approved credits. This program, administered through the Florida Department of Environmental Protection, incentivizes businesses to clean up and redevelop hazardous sites to protect our environment and economy.” [Press Release - Governor Ron DeSantis, 5/21/21]
2022: Ron DeSantis Signed Into Law Legislation That Provided Tax Relief, Including Disaster Preparedness And Back-To-School Tax Holidays, A Month-Long Gas Tax Holiday, Tax Holidays For Baby Clothes And Diapers, Tax Holidays For Home Improvement Tools And Home Appliances, And Expanded Property Tax Exemptions And Corporate Income Tax Credits. In May 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 7071, which “[p]rohibit[ed] counties from imposing requirements on borrowers other than requiring proof of the borrower's income; provid[ed] for the assessment of land used in the production of aquaculture to be based solely on its agricultural use; provid[ed] that real property includes certain portions; revis[ed] the military operations that qualify certain servicemembers for an additional ad valorem tax exemption; increas[ed] the property tax exemption for residents who are widows, widowers, blind persons, or totally and permanently disabled persons; defin[ed] the term ‘residential improvement’; provid[ed] for an abatement of ad valorem taxes and non-ad valorem assessments for certain residential improvements destroyed due to a sudden and unforeseen collapse; exempt[ed] certain federal loans from documentary stamp taxes; exempt[ed] certain Formula One Grand Prix race admissions from the sales tax on admissions; exempt[ed] certain Daytona 500 race admissions from the sales tax on admissions; exempt[ed] from sales and use tax the retail sale of children's books during a specified timeframe; exempt[ed] from sales and use tax the retail sale of children's diapers during a specified timeframe, etc.” [Florida Senate, Accessed on 11/2/22; Florida Senate, H.B. 7071]
- The Bill Provided Over $1.2 Billion Of Tax Relief And 10 Sales Tax Holidays For Commonly Purchased Items. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed House Bill 7071 which provides more than $1.2 billion of tax relief for Floridians. The bill provides for ten sales tax holidays for a variety of items commonly purchased by Florida families, including fuel, diapers, disaster supplies and, tools.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Provided A Fuel Tax Holiday For The Month Of October 2022, Saving $200 Million By Decreasing Gas Prices By 25.3 Cents Per Gallon. According to Press Release - Governor Ron DeSantis, “A one-month Fuel Tax Holiday from October 1, through October 31, 2022, saving Floridians $200 million by lowering the price of gas by 25.3 cents per gallon.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Provided A 3-Month Tax Holiday For Children’s Books Over The Summer Of 2022, Saving Floridians $3.3 Million. According to Press Release - Governor Ron DeSantis, “A 3-month sales tax holiday for children’s books from May 14 through August 14, 2022, providing $3.3 million in tax relief.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Established A One-Year Tax Holiday Through June 30, 2023 For Baby And Toddler Clothing, Saving Floridians $81.5 Million. According to Press Release - Governor Ron DeSantis, “A one-year sales tax holiday from July 1, 2022, through June 30, 2023, for baby and toddler clothes and shoes, providing $81.5 million in tax relief.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Established A One-Year Tax Holiday Through June 30, 2023 For Diapers, Saving Floridians $38.9 Million. According to Press Release - Governor Ron DeSantis, “A one-year sales tax holiday from July 1, 2022, through June 30, 2023, for children’s diapers, providing $38.9 million in tax relief.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Provided A Two Week Back-To-School Sales Holiday For School Supplies And Clothing, Saving Floridians $100 Million. According to Press Release - Governor Ron DeSantis, “A 14-day Back-to-School sales tax holiday from July 25 through August 7, 2022, for clothing, shoes, backpacks, and school supplies, providing $100 million in tax relief.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Provided A Two Week Disaster Preparedness Sales Tax Holiday, Saving Floridians $25.6 Million. According to Press Release - Governor Ron DeSantis, “A 14-day Disaster Preparedness sales tax holiday from May 28 through June 10, 2022, for supplies such as flashlights, radios, tarps, batteries, and fire extinguishers, providing $25.6 million in tax relief.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Provided A 7-Day Tool-Time Sales Tax Holiday For Tools And Home Improvement Items, Saving Floridians $12.4 Million. According to Press Release - Governor Ron DeSantis, “A 7-day Tool-Time sales tax holiday from September 3 through September 9, 2022, for tools and other home improvement items, providing $12.4 million in tax relief.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Established A Two-Year Sales Tax Holiday Through June 30, 2024 For “Impact Resistant Windows, Doors And Garage Doors,” Saving Floridians $442.8 Million. According to Press Release - Governor Ron DeSantis, “A two-year sales tax holiday from July 1, 2022, through June 30, 2024, for impact resistant windows, doors, and garage doors, providing $442.8 million in tax relief.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Provided A “7-Day Freedom Week,” Providing A Sales Tax Exemption For Certain Recreational Admissions And Activities, Saving Floridians $70.6 Million. According to Press Release - Governor Ron DeSantis, “A 7-day Freedom Week from July 1 to July 7, 2022, providing a sales tax exemption for specified admissions and items related to recreational activities, providing $70.6 million in tax relief.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Established A One-Year Energy Star Appliances Sales Tax Holiday Through June 30, 2023 For Home Appliances, Such As Washing Machines, Dyers, Fridges And Heaters, Saving Floridians $78.5 Million. According to Press Release - Governor Ron DeSantis, “A one-year Energy Star Appliances sales tax holiday from July 1, 2022, through June 30, 2023, for washing machines, clothes dryers, water heaters, and refrigerators, providing $78.5 million in tax relief.” [Press Release - Governor Ron DeSantis, 5/6/22]
- The Bill Provided Permanent Forms Of Tax Relief Including Several Sales Tax Exemptions, Expansions Of Corporate Income Tax Credits, And Ad Valorem And Exemption That Would Save Floridians An Additional $190 Million Over Two Years And $140 Yearly Onwards. According to Press Release - Governor Ron DeSantis, “Additionally, permanent tax relief provided in the legislation consists of various sales tax exemptions, corporate income tax credit expansions, and ad valorem tax and exemption provisions that will generate an additional $190 million in tax savings over two years and $140 million annually after that.” [Press Release - Governor Ron DeSantis, 5/6/22]
2019: Ron DeSantis Signed Into Law Legislation That Allowed Businesses To Exclude The Global Intangible Low-Taxed Income (GILTI) From Their Net Income Subject To Florida’s State Taxes. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 7127, which “adopt[ed] provisions of the Internal Revenue Code in effect on January 1, 2019, for purposes of Florida’s corporate income tax; however, the bill decouple[d] from the Global Intangible Low-Taxed Income (GILTI) provisions of the Tax Cuts and Jobs Act of 2017. As a result, a taxpayer is allowed to subtract GILTI in determining the taxpayer’s net income subject to tax in Florida.” [Florida Senate, Accessed on 9/1/22; Florida Senate, H.B. 7127]
- The Bill Allowed Business Taxpayers In Florida To Exclude Foreign-Source Income From Their State Tax Return By Allowing Them To Exclude The Global Intangible Low-Tax Income, Created By Trump’s 2017 Tax Reform. According to Bloomberg Law, “Business taxpayers in Florida can now exclude foreign-sourced income from their state tax returns and tap into an extended cut in the corporate income tax rate. Global intangible low-taxed income, or GILTI, is an income category created by Congress in the 2017 tax overhaul to bring money earned overseas back to the U.S. By signing H.B. 7127 on June 28, Gov. Ron DeSantis (R) followed the lead of lawmakers in Georgia, Tennessee, and other states in allowing business taxpayers to exclude GILTI.” [Bloomberg Law, 7/1/19]
- The Bill Provided At Least $340 Million In Tax Cuts For Large Corporations. According to the Orlando Sentinel, “Lawmakers quietly approved at least $340 million in tax cuts for large businesses this session, which one critic said limited what individuals got in tax relief. HB 7127 has received none of the fanfare that accompanied a separate measure containing $121 million in tax cuts, mostly for shoppers during sales tax holidays for hurricane preparedness supplies and back-to-school items.” [Orlando Sentinel, 5/17/19]
- Lobbied By The Florida Chamber Of Commerce And The Florida Retail Federation, The Bill Extended Business Rebates And Corporate Income Tax Rate Reductions That Were Passed In The Florida Legislature In 2018. According to the Orlando Sentinel, “Overall, large businesses saw their tax burdens lowered, but at the state level, their liabilities increased in many cases, sending many of them to lobby state capitols around the country to cut their state taxes, too. Last year, Florida lawmakers reacted by capping the amount of corporate income tax the state would receive and offering rebates to businesses for any overages. In the bill, which was lobbied for this year by large business lobbies such as the Florida Chamber of Commerce and the Florida Retail Federation, they extended that rebate and rate reduction two more years, through 2021.” [Orlando Sentinel, 5/17/19]
- The Global Intangible Low Tax Income Was Designed To Lower The Incentive For Large Businesses To Profit In “Offshore Tax Havens.” According to the Orlando Sentinel, “But another provision in the federal tax law was the creation of the global intangible low tax income, designed to reduce the incentive for large conglomerates to stash profits in offshore tax havens. In HB 7127, lawmakers agreed to ‘decouple’ Florida’s tax laws from that federal provision.” [Orlando Sentinel, 5/17/19]
2020: Ron DeSantis Signed Into Law Legislation That Allowed The Homestead Property Tax Discount For Disabled Veterans To Be Transferred To The Veteran’s Surviving Spouse Upon The Veteran’s Death. In September 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 879, which “implement[ed] legislation for House Joint Resolution 877, which allow[ed] the homestead property tax discount for disabled veterans to transfer to a veteran’s surviving spouse upon the death of the veteran, provided the veteran had received the discount. The discount on homestead property taxes is currently available for veterans aged 65 or older who have permanent, combat-related disabilities.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 879]
2022: Ron DeSantis Signed Into Law Legislation That Provided That Any Teachers, Police Officers, Firefighters, Emergency Medical Technicians, Paramedics, Welfare Workers, And Active Military Members Who Own Real Property In Florida And Are Permanent Florida Residents Would Be Eligible For A Homestead Property Tax Exemption Up To $50K On All Property Valued Between $100K-$150K. In June 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 1563, which “linked to CS/CS/HJR 1, which proposes an amendment to the Florida Constitution to authorize the Legislature to provide a new homestead tax exemption for classroom teachers, law enforcement officers, firefighters, emergency medical technicians, paramedics, child welfare professionals, and active duty members of the United States Armed Forces, or members of the Florida National Guard. The bill provide[d] that any of the defined people who hold legal or beneficial title in equity to real property in this state and makes such property their or their dependent’s permanent residence is entitled to an exemption of up to $50,000 on the property’s value between $100,000 and $150,000, for all levies other than school district levies. The bill direct[ed] the Legislature to appropriate money to fiscally constrained counties to offset reductions in ad valorem tax revenue resulting from the homestead exemption. Distributions to fiscally constrained counties will be made beginning in Fiscal Year 2023-2024. If approved by the electors in the next general election in November 2022, the proposed amendment (CS/CS/HJR 1) and CS/CS/HB 1563 will take effect on January 1, 2023.” [Florida Senate, Accessed on 10/27/22; Florida Senate, H.B. 1563]
- The Bill Would Only Be Effective If Florida Voters Approve A Constitutional Amendment In November 2022 That Provides A New Homestead Exemption For Teachers, Police Officers, Firefighters, Emergency Medical Technicians, Paramedics, Welfare Workers, And Active Military Members. According to the Florida Senate, “The bill is linked to CS/CS/HJR 1, which proposes an amendment to the Florida Constitution to authorize the Legislature to provide a new homestead tax exemption for classroom teachers, law enforcement officers, firefighters, emergency medical technicians, paramedics, child welfare professionals, and active duty members of the United States Armed Forces, or members of the Florida National Guard.” [Florida Senate, Accessed on 10/27/22]
2021: Ron DeSantis Signed Into Law The Park Randall “Randy” Miller Act, Which Required Online Out-Of-State Retailers And Marketplace Providers Who Earn Over $100K To Collect Sales Taxes And Remit Discretionary Sales Surtaxes When Delivering Good Purchased By Floridians. In April 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 50, “[c]it[ed] this act as the ‘Park Randall ‘Randy’ Miller Act’; revis[ed] the definition of the term ‘retail sale’ to include sales facilitated through a marketplace; requir[ed] marketplace providers and persons located outside of this state to remit discretionary sales surtax when delivering tangible personal property to a county imposing a surtax; provid[ed] that a marketplace seller, rather than the marketplace provider, is liable for sales tax collection and remittance under certain circumstances; requir[ed] certain amounts to be deposited into the Unemployment Compensation Trust Fund during specified periods, etc. APPROPRIATION: $353,000.” [Florida Senate, Accessed on 9/28/22; Florida Senate, S.B. 50]
- The Bill Revised Florida’s Definition Of “Retail Sale” To Include Sales From Online Marketplaces. According to WFLA News Channel 8, “Starting July 1, SB 50, also known as the Park Randall ‘Randy’ Miller Act, revises what the state defines a retail sale as. Now, the state includes sales from online marketplaces in its definition of retail sales by amending the definition in Florida Statute.” [WFLA News Channel 8, 4/20/21]
- The Bill Ensured That Businesses That Earn Over $100K In Revenue Through Online Sales Collect Sales Taxes On Products That Were Shipped To Floridians. According to WFLA News Channel 8, “The law makes it so businesses that made more than $100,000 in revenue through online sales of ‘real property’ will be required to collect sales taxes on the products that are shipped to Florida customers.” [WFLA News Channel 8, 4/20/21]
- The Bill’s Added Tax Was Expected To Generate Approximately $1 Billion In Revenue Every Year Beginning FY 2022 And Potions Of The Revenue Would Be Deposited Into Florida’s Unemployment Compensation Fund. According to WFLA News Channel 8, “The added tax to online shopping is expected to add about $1 billion in revenue each year to the state starting in Fiscal Year 2022. Portions of that revenue will be directed into the state’s Unemployment Compensation Fund in July, August and September each year, beginning in 2021.” [WFLA News Channel 8, 4/20/21]
2022: Ron DeSantis Vetoed Legislation That Would Have Made Several Changes To Florida’s Tax Laws And The Department Of Revenue’s Rights And Obligations During The Auditing Process, Including Providing That A Taxpayer Failing To Provide Documents Would Create A Presumption That The Department’s Actions Were Correct. In June 2022, according to the Florida Senate, Ron DeSantis vetoed Senate Bill 1382, which would have “ma[de] various changes to statutes relating to the Department of Revenue (Department). The bill largely amend[ed] details related to the Department’s rights and obligations before, during, and after an audit. Regarding audits, the bill: Clarifie[d] activities the Department may engage in during the 60-day waiting period between notifying the taxpayer of its intent to audit and beginning the audit; Exclude[d] from evidence during litigation documents withheld during an audit; Provide[d] that, in certain situations, the failure of a taxpayer to provide documents creates a presumption that the resulting proposed final agency action by the Department is correct; Expand[ed] the Department’s authority to serve subpoenas in certain situations; Revise[d] several situations when the time limit to complete an audit is tolled; Allow[ed] the Department to immediately suspend a dealer’s resale certificate during audits relating to the sale of alcoholic beverages; Allow[ed] the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation to suspend or revoke a dealer’s license if the dealer’s resale certificate has been suspended; Allow[ed] the Department to reopen a final assessment for the purpose of adjusting liability under certain circumstances; Allow[ed] the Department to include all taxes, penalties, interest, costs, and fees authorized by law in a garnishment or levy; and Provide[d] rulemaking and emergency rulemaking authority. The bill also ma[de] changes including clarifications, corrections, deletions of obsolete language, and cross-reference corrections.” [Florida Senate, Accessed on 10/12/22; Florida Senate, S.B. 1382]
- Aimed At Tackling Tax Non-Compliance, The Bill Would Have Modified Florida’s Tax Laws And Required Taxpayers To Submit Documents On Time For Audits Conducted By The Department Of Revenue. According to Florida Politics, “Gov. Ron DeSantis vetoed legislation Friday that would have introduced a series of changes to Florida’s tax laws. The bill (SB 1382) would have required taxpayers to produce documents in a timely fashion for audits by the Department of Revenue, a measure aimed at curbing noncompliance with state laws.” [Florida Politics, 6/24/22]
- Several Small Business Groups Were Concerned Whether The Bill Would Make It More Difficult To Correct Errors Made By The Department Of Revenue. According to Florida Politics, “A number of small business groups raised concerns during the Legislative Session about whether the bill as written would make it harder to correct errors generated by the Department of Revenue itself.” [Florida Politics, 6/24/22]
2022: Ron DeSantis Vetoed Legislation That Would Have Authorized $30.5 Million The Purchase Of New Aircraft To Create An Executive Aircraft Pool And Hire Staff To Maintain And Operate The Aircraft And Authorized Government Officials To Use The Executive Aircraft Pool For Work-Related Air Travel. In June 2022, according to the Florida Senate, Ron DeSantis vetoed Senate Bill 2512, which would have “conform[ed] statutes to the funding decisions in the General Appropriations Act for Fiscal Year 2022-2023, which appropriates $25 million from the General Revenue Fund and $5.8 million in recurring funds from the Department of Management Services’ (department) Operating Trust Fund for the purpose of implementing and administering the executive aircraft pool. The bill create[d] an executive aircraft pool within the department for the purpose of furnishing executive air travel. The bill designate[d] and assign[ed] each aircraft in the executive aircraft pool to a tier of traveler and a priority ranking is assigned for both aircrafts. Trip requests must be scheduled on a first-call, first-served basis, except in the event of a scheduling conflict, when the priority order applies. The bill provide[d] the executive aircraft pool be operated on a full cost recovery basis, less available funds. The department must charge all users established rates for travel. The department’s Operating Trust Fund is to be used as the depository for fee collections for persons traveling on an executive aircraft and for expenditures associated with the costs incurred to operate aircraft management activities of the department. The bill revise[d] provisions, relating to the list of approved manufacturers from which governmental agencies may purchase drones, to prohibit manufacturers located in or substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign country of concern. In addition, the bill authorize[d] the department to update the list of approved manufacturers annually and to provide waivers to governmental agencies overseeing the Florida Forest Service.” [Florida Senate, Accessed on 10/13/22; Florida Senate, S.B. 2512]
- The Bill Would Have Created An Executive Aircraft Pool For Two New Airplanes That Would Have Been Utilized By More Than 100 Government Officials Every Day And Authorized Funding For 17 New Positions In The Department Of Management Services To Upkeep And Manage The Aircrafts. According to The Center Square, “DeSantis vetoed SB 2512, an act related to aircraft, which created an executive aircraft pool for two new aircrafts that would be used by over 100 government officials around the clock every day of the year. It also authorized funding 17 new staff positions in the Department of Management Services to staff and maintain the aircraft for ‘the purpose of providing multiple state-owned aircrafts for executive travel.’” [The Center Square, 6/3/22]
2019: Ron DeSantis Signed Into Law Legislation That Revised Laws Regulating Autonomous Vehicles, Including To Prohibit Municipalities From Taxing Or Imposing Requirements On Automated Driving Systems, Vehicles Or People Who Operate Autonomous Vehicles. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 311, which “revise[d] various provisions of law relating to autonomous vehicles. The bill deem[ed] an automated driving system to be the operator of an autonomous vehicle while operating in autonomous mode, regardless of whether a person is physically present in the vehicle. […] The bill expresse[d] legislative intent to provide for uniformity of laws governing autonomous vehicles throughout the state and prohibits a local government from imposing any tax, fee, for-hire vehicle requirement, or other requirement on automated driving systems, autonomous vehicles, or on a person who operates an autonomous vehicle.” [Florida Senate, Accessed on 8/29/22; Florida Senate, H.B. 311]
2021: Ron DeSantis Signed Into Law Legislation That Allowed The Operation Of Empty “Low-Speed Autonomous Delivery Vehicles” On Roads With Speed Limits Under 45 Miles Per Hour. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 1289, which “[a]uthorize[d] operation of low-speed autonomous delivery vehicle on certain streets & roads; authorize[d] operation of low-speed autonomous delivery vehicle on streets or roads with posted speed limit of up to 45 miles per hour under specified conditions; provide[d] requirements for low-speed autonomous delivery vehicles; provide[d] certain fully autonomous vehicles are not subject to certain provisions of law or regulations.” [Florida Senate, Accessed on 10/6/22; Florida Senate, H.B. 1289]
- The Bill Established A New Framework Around Autonomous Vehicles, Authorized The “Operation Of Low-Speed Autonomous Delivery Vehicles,” And Empty Autonomous Vehicles Were Restricted To Roads With Speed Limits Under 45 MPH. According to Florida Politics, “A new Florida law could now pave the way for driverless delivery in the state. Gov. Ron DeSantis on Tuesday signed legislation (HB 1289) into law that sets a new framework around an aspect of autonomous vehicles. The law, which goes into effect Thursday, authorizes the operation of low-speed autonomous delivery vehicles as defined by the federal government. The empty vehicles are limited to roads with speed limits of 45 mph or less, though the vehicles will only move at speeds of 35 mph or less.” [Florida Politics, 7/1/21]
- The Bill Established Minimum Insurance Requirements For Low-Speed Autonomous Delivery Vehicles Of At Least $1 Million. According to Florida Politics, “The law also provides minimum insurance requirements — at least $1 million — the same as those currently in law for autonomous vehicles.” [Florida Politics, 7/1/21]
- One Of The Provisions Permitted The Department Of Transportation To Establish A Weight Limit Of Personal Delivery Vehicles, Instead Of Subjecting The Vehicles To State Law That Limits The Weight To 80 Pounds. According to Florida Politics, “One such amendment allows the Department of Transportation to set the weight limit of personal delivery vehicles, as opposed to the current statute weight limit restricting such vehicles to 80 pounds.” [Florida Politics, 7/1/21]
- An Amendment Was Attached To The Bill To Make It More Inclusive To Autonomous Vehicles, Modifying The Term “Steering Wheel” To “Steering Mechanism.” According to Florida Politics, “The other amendment altered the language of the bill to be more inclusive to autonomous vehicles, changing the phrase ‘steering wheel’ to ‘steering mechanism.’” [Florida Politics, 7/1/21]
- Faceless Vehicles Were Expected To Begin Driving On Florida Roads As Early As July 2021. According to Florida Politics, “Faceless vehicles could start driving on Florida roads as early as July, when the new law takes effect.” [Florida Politics, 7/1/21]
2019: Ron DeSantis Signed Into Law Legislation That Designated The “Officer Lance Christian Whitaker Highway.” In April 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 64, which “designate[d] the portion of I-295/E. Beltway 295 between Alta Drive and Pulaski Road in Duval County as ‘Officer Lance Christian Whitaker Highway’ and direct[ed] the Florida Department of Transportation to erect suitable markers.” [Florida Senate, Accessed on 8/19/22; Florida Senate, S.B. 64]
- May 2018: Officer Lance Christian Whitaker Died In An On-Duty Crash On I-295 After He Crashed His Police Car Down An Embankment In The Rain. According to the Florida Times-Union, “On May 15, 2018, Jacksonville’s first-responder community lost one of their own in an on-duty crash on Interstate 295. Seventeen-year Sheriff’s Office veteran Lance Christian Whitaker was responding to a wreck about 4:30 a.m. when he crashed his patrol car down an embankment in the rain. Monday his family joined state Sen. Audrey Gibson, state Rep. Tracie Davis, Sheriff Mike Williams and former co-workers to unveil a memorial road designation marker in his honor. The two legislators filed a bill this year that was signed by the governor designating I-295 between Alta Drive and Pulaski Road as ‘Officer Lance Christian Whitaker Highway.’ He was the department’s first on-duty death in four years.” [Florida Times-Union, 12/30/19]
2020: Ron DeSantis Signed Into Law The Essential State Infrastructure Bill, Which Included Development Of A Framework For The Establishment Of Electric Vehicle Charging Stations Along The State Highway System. In June 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7018, which “contain[ed] various provisions relating to essential state infrastructure, including provisions relating to emergency staging areas, utility permit application processing for use of county or municipal rights-of-way, development of a recommended plan for electric vehicle charging stations along the State Highway System, and use of agricultural land subject to a conservation easement for construction of a public or private linear facility and right of access.” [Florida Senate, Accessed on 9/27/22; Florida Senate, S.B. 7018]
- The Bill Created A Plan For Fast-Charging Infrastructure Along The Interstate Corridor System And Directed State Agencies To Identify Challenges And Opportunities To Advance Electric Vehicle Adoptions And Required Interim Studies. According to Clean Energy, “This past week Florida Governor DeSantis signed the Essential State Infrastructure Bill into law. This landmark EV Roadmap legislation will create a master plan for DC fast-charging infrastructure along the interstate corridor system. The new law tasks specified state agencies to identify barriers and opportunities to advance electric vehicle (EV) adoption including legislative and policy recommendations, and requires an interim report at the end of 2020 and a final report by July 2021.” [Clean Energy, 6/10/20]
- According To Clean Energy, The Bill Would Advance The Electric Transportation Market, Increase Access To Cleaner Transportation Options For Floridians, And It Was One Of The First Pieces Of Legislation That Recognized Climate Change Risks And Identified Electric Transportation As A Mitigation Tactic. According to Clean Energy, “This is a big win for Florida’s consumers as it will grow the electric transportation market faster and create opportunities so more Floridians have access to increased cleaner transportation options. The law is also one of the first pieces of state legislation that acknowledges the risks of climate change and identifies electric transportation as a means to combat it.” [Clean Energy, 6/10/20]
2019: Ron DeSantis Signed Into Law Legislation That Established The Multi-Use Corridors Of Regional Economic Significance (M-CORES) Program To Revitalize Rural Communities, Incentivize Job Creation, And Advance Construction Of Regional Corridors. In May 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7068, which “create[d] the Multi-use Corridors of Regional Economic Significance (M-CORES) Program within the Florida Department of Transportation (FDOT), with the purpose of revitalizing rural communities, encouraging job creation, and providing regional connectivity, while leveraging technology, enhancing quality of life and public safety, and protecting the environment and natural resources. The program [was] designed to advance construction of regional corridors that will accommodate multiple modes of transportation and multiple types of infrastructure.” [Florida Senate, Accessed on 8/29/22; Florida Senate, S.B. 7068]
- The Program Required The Construction Of 330 Miles Of New Turnpikes In Sensitive Environmental Areas And Critical Farmland In Rural Areas, Effectively Opening The Areas Up For Future Development. According to Audubon Florida, “The original 2019 Multi-use Corridors of Regional Economic Significance (M-CORES) legislation mandated the construction of 330 miles of new turnpikes through some of Florida’s most sensitive environmental areas and important rural farmland areas, effectively prying them open for future development and sprawl.” [Audubon Florida, 6/26/21]
2021: Ron DeSantis Signed Into Law Legislation That Repealed The Multi-Use Corridors Of Regional Economic Significance (M-CORES) Program And Created Alternative Highway Programs. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 100, which “[r]epeal[ed] provisions relating to applications for funding for technical assistance relating to areas in and around a proposed multiuse corridor interchange; requir[ed] that $35 million transferred to Florida’s Turnpike Enterprise be used for a specified purpose beginning in a specified fiscal year and annually for up to 30 years thereafter; requir[ed] that certain increased revenues be used to fund specified projects beginning in a specified fiscal year and annually thereafter; requir[ed] the department, in coordination with the Florida Turnpike Enterprise, to evaluate certain roadways for development of specific controlled access facilities and to include such projects in the work program, etc.” [Florida Senate, Accessed on 9/29/22; Florida Senate, S.B. 100]
- The Bill Repealed Two Massive Highway Projects That Were Approved In The 2019 Session, Including One Project That Would Have Damaged The Habitat Of Endangered Panthers. According to the Florida Phoenix, “Two of three massive highway projects approved by the 2019 Florida Legislature are dead – including one that would have plowed through the habitat of critically endangered Florida Panthers. The third, a 130-mile project along scenic U.S. 19, will live on.” [Florida Phoenix, 6/25/21]
- The Bill Repealed The Multi-Use Corridors Of Regional Economic Significance Program, Which Would Have Created 330 Miles Of Tolled Highways. According to the Florida Phoenix, “Gov. Ron DeSantis late Thursday signed into law a 2021 bill repealing the Multi-Use Corridors of Regional Economic Significance, or MCORES, projects, which would have spanned 330 miles with tolled highways through swaths of rural Florida. MCORES was a pet project of former Senate President Bill Galvano, a Republican who represented Manatee and part of Hillsborough counties.” [Florida Phoenix, 6/25/21]
- Environmentalists And Community Leaders Criticized The Corridor Projects And Persuaded The New Senate President To Support The Repeal Of The Program In The 2021 Legislative Session. According to the Florida Phoenix, “Environmentalists and leaders of communities that would be affected by the projects panned them, and Galvano’s successor, Senate President Wilton Simpson, signaled early in the 2021 legislative session that he supported repealing them. The remaining project, along U.S. 19, will traverse his Senate district.” [Florida Phoenix, 6/25/21]
- The Bill Repealed Highway Project That Would Have Placed A Highway Through Florida Panther Habitat And Repealed The Northern Turnpike Connector That Would Have Run Through Central Florida Rural Areas With Delicate Natural Springs And Waterways. According to the Florida Phoenix, “The repealer bill kills a Southwest-Central Florida MCORES highway project that would have run through Florida Panther habitat, a project condemned early by TaxWatch as a boondoggle that would be unable to pay for itself with toll revenues. It also abolishes the Northern Turnpike Connector that would have run through rural areas of central Florida pocked with delicate natural springs and waterways.” [Florida Phoenix, 6/25/21]
- The Bill Replaced Suncoast Connector Highway Project With Instruction For Another Project To Include Tolls And Overpasses To Relieve North-South Traffic And Congestion. According to the Florida Phoenix, “Technically, the repealer also abolishes the Suncoast Connector highway project through north Florida but it largely replaces it with instructions for another, authorized to include toll features and overpasses to accommodate more north-south traffic and relieve congestion on I-75.” [Florida Phoenix, 6/25/21]
¶ Digital Advertisements And Luxury Vehicle Authorizations
2020: Ron DeSantis Signed Into Law Legislation That Allowed Transportation Network Companies To Contract With Company To Install Digital Advertisements On Ride-Share Vehicles And Allowed Limousines And Luxury Vehicles To Be Regulated As Luxury Ground Transportation Network Companies. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1039, which “[r]emove[d] for-hire vehicles from list of vehicles that are not considered transportation network carriers or are not exempt from certain registration; provide[d] insurance maintained by TNC vehicle owners may satisfy required insurance coverages; authorize[d] TNC drivers to contract with companies to install TNC digital advertising devices on TNC vehicles; provide[d] immunity from certain liability for TNC drivers, TNC vehicle owners, owners & operators of TNC digital advertising devices, & certain TNCs; authorize[d] entities to elect to be regulated as luxury ground TNCs by notifying DFS; provide[d] for preemption over local law on governance of luxury ground TNCs, luxury ground TNC drivers, & luxury ground TNC vehicles; provide[d] that TNCs are not liable for certain harm to persons or property if certain conditions are met.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 1039]
- The Bill Authorized Ride-Share Services To Put Illuminated And Digitally-Operated Ads Ranging From 20 To 54 Inches On Top Of Their Vehicles. According to Florida Politics, “Gov. Ron DeSantis signed a bill Tuesday that would authorize ride-share services such as Uber and Lyft to place illuminated and digitally operated advertisements on top of ride-share vehicles. The legislation, sponsored in the House by Republican Rep. Bob Rommel (HB 1039) of Collier County, would allow illuminated and digitally operated advertisements ranging from 20 inches to 54 inches so long as the sign does not block the driver’s line of sight.” [Florida Politics, 6/24/20]
- The Bill Allowed Limousine Companies To Operate And Be Regulated Like Transportation Network Companies, Such As Uber And Lyft. According to Florida Politics, “The bill also clears the way for limousine companies to operate similarly to transportation network companies (TNCs) like Uber and Lyft and allow such companies to share the same regulations.” [Florida Politics, 6/24/20]
- The Bill Did Not Address Whether The Drivers Of The Transportation Networks Would Consent To Use Digital Ads In Order To Continue Working For The Ride-Share Company. According to Florida Politics, “The bill does not address whether drivers working under a transportation network platform, who are typically independent contractors who use their personal vehicles, would have to agree to use the digital advertising in order to continue working for the company.” [Florida Politics, 6/24/20]
2020: Ron DeSantis Signed Into Law Legislation That Prohibited Local Governments From Imposing New Or Increasing Impact Fees On New Development Permit Applications And Allowed Impact Fee Credits To Be Transferable Within The Same Impact Fee Zone. In June 2020, according to the Florida Senate, Ron DeSantis signed into law House Bill 1066, which “impose[d] new requirements related to impact fees. Impact fees are charges imposed by local governments against new development to pay for the cost of capital facilities made necessary by such growth. Impact fees must have a reasonable connection, or rational nexus, between 1) the proposed new development and the need and the impact of additional capital facilities, and 2) the expenditure of funds and the benefits accruing to the proposed new development. Provisions in the bill prohibit[ed] the application of a new or increased impact fee to pending permit applications unless the result is to reduce the total impact fees or mitigation costs imposed on the applicant. In addition, the bill provide[d] that impact fee credits are assignable and transferable at any time after establishment within the same impact fee zone or impact fee district, or an adjoining zone or district within the same local jurisdiction that receives benefits from the improvement or contribution that generated the credits.” [Florida Senate, Accessed on 9/15/22; Florida Senate, H.B. 1066]
- Local Governments Often Use Impact Fees To Cover Expenses To Establish New School Or Construct Roads. According to Florida Politics, “Impact fees are often used to cover costs for things like new schools or roads.” [Florida Politics, 2/4/20]
2021: Ron DeSantis Signed Into Law Legislation That Provided Specific Limitations On How Much Local Governments Can Increase Their Impact Fees For New Development And Required Entities To Submit An Affidavit Annually To Ensure Compliance. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 337, which “[r]equire[d] local governments & special districts to credit against collection of impact fees any contribution related to public facilities or infrastructure; provide[d] conditions under which credits may not be applied; provide[d] limitations on impact fee increases; provide[d] retroactive operation; require[d] specified entities to submit affidavit attesting that impact fees were appropriately collected & expended; provide[d] retroactive application; require[d] school districts to report specified information regarding impact fees.” [Florida Senate, Accessed on 9/29/22; Florida Senate, H.B. 337]
- The Bill Prevented Municipalities From Raising Impact Fees More Than Once Every Four Years And Restricted The Increases To 50% And Smaller Raises Would Be Phased In Over Two Years. According to the South Florida Sun Sentinel, “The law, which took effect immediately upon DeSantis’ signature, prevents local governments from increasing impact fees more than once every four years and limits the increases to 50%. Increases between 25% and 50% would have to be spread over four years. Smaller increases would be phased in over two years.” [South Florida Sun Sentinel, 6/7/21]
- According To 1000 Friends Of Florida, The Bill Would Make It Almost Impossible For Local Governments To Require For New Development To Pay Its Own Way, While Leaving Residents To Bear The Costs Of Deteriorated Infrastructure And Higher Taxes. According to the South Florida Sun Sentinel, “The changes will make it ‘virtually impossible for local governments to require that new development pays its own way,’ 1000 Friends of Florida said in an email to supporters on Thursday. ‘Existing residents will shoulder even more of the costs associated with new development through raised taxes, declining roads, parks and other public infrastructure, or both,’ the email said.” [South Florida Sun Sentinel, 6/7/21]
- The Bill Permitted Local Governments To Exceed The Fee Limits But Would Need To Provide A Study That Analyzes The Extraordinary Circumstances And The Locality Would Need To Hold At Least 2 Worships And Approve The Fee Increases With At Least S 2/3 Majority Vote. According to the South Florida Sun Sentinel, “The bill would allow local governments to exceed the impact-fee limits but would require a study showing ‘the extraordinary circumstances requiring the additional increase.’ Also, the local governments would have to hold at least two workshops and approve the increases by at least a two-thirds vote.” [South Florida Sun Sentinel, 6/7/21]
¶ Ships And Cruises
2021: Ron DeSantis Signed Into Law Omnibus Transportation Legislation, Which Included An Amendment That Prohibited Local Ballot Initiatives Or Referendums From Restricting Maritime Commerce In All Of Florida’s Ports And Voided Any Initiatives That Had Been Previously Adopted By Voters Concerning Maritime Commerce Restrictions. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1194, which “[p]rovide[d] that with respect to any port that has received or is eligible to apply for or receive certain state seaport funding, a local ballot initiative or referendum may not restrict maritime commerce in such port based on specified but unlimited factors. These provisions apply retroactively and prospectively, prohibiting, rendering void, and preempting to the state any conflicting initiative or referendum.” [Florida Senate, Accessed on 10/5/22; Florida Senate, S.B. 1194]
- In November 2020, Key West Voters Approved To Limit The Size Of Ships And The Number Of Passengers Who Could Visit The City Daily, But The Legislature Attempted To Overturn The Votes Of Key West With S.B. 426. According to Florida Politics, “Key West voters in November approved limiting the size of ships and the number of passengers who can visit the city daily. The Senate passed a stand-alone bill (SB 426) aimed at overturning the vote, but it was not brought up on the House floor and appeared Tuesday to have died.” [Florida Politics, 4/28/21]
- The Port Legislation, S.B. 426, Was Attached To S.B. 1194 As An Amendment. According to Florida Politics, “But Sen. Ed Hooper, a Clearwater Republican who sponsored the transportation bill, and Sen. Jim Boyd, a Bradenton Republican who sponsored the stand-alone measure, said the port amendment tacked on to the broader bill Wednesday was a compromise with the House.” [Florida Politics, 4/28/21]
- The Port Legislation Applied To All 15 Seaports In Florida And Prohibited Local Ballot Initiatives That Limit Maritime Commerce, Including Vessel Sizes, Points Of Origin, And Ships’ Environmental And Health Records. According to Florida Politics, “The bill, which passed the Senate in a 21-17 vote, would apply to all 15 seaports in the state. It would prohibit local ballot initiatives that restrict maritime commerce involving vessel sizes, points of origin and even environmental and health records of the ship or company.” [Florida Politics, 4/28/21]
- The Miami Herald Reported That 11 Mark Walsh-Owned Companies Donated Almost $1 Million To The Friends Of Ron DeSantis Political Committee, And Mark Walsh Owned Pier B Development In Key West. According to Florida Politics, “On Monday, the Miami Herald reported that 11 companies owned by Mark Walsh, who owns the company running the Pier B cruise ship dock behind Margaritaville Key West Resort and Marina, have donated nearly $1 million to the Friends of Ron DeSantis political committee backing the governor’s re-election effort.” [Florida Politics, 4/28/21]
- Mark Walsh Leased The Key West Harbor And His Company Helped Finance The Opposition Campaign Against Three Key West Referendums Approved By Voters, Using Disinformation And Some Funding By The Cruise Industry. According to the Miami Herald, “Walsh leases the state-owned terminal on Key West Harbor in front of the Opal Key Resort and Marina, which his family owns along with dozens of other hotels. His company helped finance the opposition to the three referendums approved by Key West voters by wide margins in November. The effort involved a disinformation campaign, funded in party by a ‘dark money’ scheme that included contributions from the cruise industry, which publicly stayed out of the campaign.” [Miami Herald, 4/27/21]
- The Referendums Adopted By Key West Voters Banned Cruise Ships With Over 1,300 Passengers From Docking At The City Port, Limited The Total Number Of Visitors Each Ship Could Disembark To 1,500 Per Day, And Gave Priority To Cruises With The Best Environmental And Health Records. According to the Miami Herald, “The three new ordinances, adopted by more than 60% of voters in Key West in November, ban cruise ships with more than 1,300 passengers from docking at the city port and limit the total number of cruise visitors who can disembark each day to 1,500. Another gives priority to cruise ships that have the best environmental and health records.” [Miami Herald, 4/27/21]
- Pier B Development, Owned By Mark Walsh, Filed A Lawsuit To Remove The Referendum Initiatives From The Ballot, And Mark Walsh And Other Initiative Opponents Supported Legislation That Would Invalidate The Referendum. According to the Miami Herald, “Pier B Development first filed a lawsuit last summer to remove the referendum from the ballot, but a judge rejected it. Walsh and other opponents of the initiative, which include the Florida Harbor Pilots Association, Disney Cruise lines and other cruise operators, and the Florida Restaurant and Lodging Association, got behind legislation that would essentially invalidate the referendum.” [Miami Herald, 4/27/21]
- On The House Floor, Democrats Argued That The “Super-Charged Interest” Of Republicans Was Related To The Profits Generated By Some Powerful Interests In Ports. According to the Miami Herald, “House Democrats suggested the super-charged interest of the Legislature’s Republicans is related to the amount of money the port generates for some powerful interests.” [Miami Herald, 5/3/21]
- The Key West Mayor, Fishermen And Several Business Owners Testified That The Goal Of Initiates Were To Limit Cruise Traffic, Not Eliminate It, So They Could Protect Coral Reefs. According to the Miami Herald, “That’s a point of view rejected by the Key West mayor, fishermen and several business owners who testified before legislative committees. They said the goal of the initiative was not to eliminate cruise traffic but to limit it so they can protect the coral reefs from the largest cruise ships they believe are damaging the reef.” [Miami Herald, 5/3/21]
¶ Waivers For Tuition And Fees
2022: Ron DeSantis Signed Into Law Legislation That Provided Eligibility For Tuition And Fee Waivers To Disabled Veterans Who Received Federal Educational Assistance. In April 2022, according to the Florida Senate, Ron DeSantis signed into law House Bill 45, which in part “[p]rovide[d] that disabled veterans receiving certain federal educational assistance benefits are eligible to receive waiver for tuition & fees at certain institutions; provide[d] calculation for waiver amount; require[d] amount awarded by state to be contingent on application of specified federal benefits; require[d] institutions to submit annual report to Board of Governors & State Board of Education; require[d] boards to adopt regulations & rules.” [Florida Senate, Accessed on 10/13/22; Florida Senate, H.B. 45]
- The Bill Sought To Expand Employment Opportunities For Veterans By Providing Disabled Veterans Additional Assistance That Would Help Them Receive A 100% Award To Cover Tuition And Fees. According to Press Release - Governor Ron DeSantis, “The six bills signed by the Governor will support education opportunities for veterans and children of active-duty military as well as expand access to employment opportunities by removing barriers to licensure and postsecondary education requirements. Those bills are: House Bill (HB) 45 provides educational opportunities for disabled veterans by providing additional assistance to achieve a 100 percent award for tuition and fees.” [Press Release - Governor Ron DeSantis, 6/9/22]
¶ PTSD And Traumatic Injuries
2019: Ron DeSantis Signed Into Law Legislation That Authorized Florida’s Department Of Veterans’ Affairs To Enter Into Agreements With A University Or College System To Provide “Alternative Treatment Options” For Veterans Who Suffer Posttraumatic Stress Disorder Or A Traumatic Brain Injury. In June 2019, according to the Florida Senate, Ron DeSantis signed into law House Bill 501, which “authorize[d] the Florida Department of Veterans’ Affairs (FDVA) to contract with one state university or Florida College System institution to furnish ‘alternative treatment options’ for veterans who have been certified by the U.S. Department of Veterans Affairs or any branch of the U.S. Armed Forces as having posttraumatic stress disorder or a traumatic brain injury.” [Florida Senate, Accessed on 8/30/22; Florida Senate, H.B. 501]
2020: Ron DeSantis Signed Into Law The Florida Veterans Protection Act, Which Established An Aggravated White Collar Crime If A Person Were To Scam Or Attempt To Scam $50K Or More By Committing At Least Two Associated White Collar Crimes Against 10 Or More Veterans. In September 2020, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 294, which “create[d] the Florida Veterans Protection Act, which amends the White Collar Crime Victim Protection Act. The Florida Veterans Protection Act provide[d] that a person commits an aggravated white collar crime if he or she obtains or attempts to obtain $50,000 or more by committing at least two associated white collar crimes against 10 or more veterans. A person who violates this act commits a first degree felony ranked at a level 9 out of 10 possible levels for incarceration purposes on the offense severity ranking chart of the Criminal Punishment Code. The person must also pay all court costs and restitution to each victim. Additionally, the court may order payment of a fine of $500,000 or double the value of the pecuniary gain or loss, whichever is greater.” [Florida Senate, Accessed on 9/13/22; Florida Senate, S.B. 294]
- The Bill Enhanced Fraud Protections For Veterans By Adding Veterans To The “White Collar Crime Victim Protection Act” And Making It A First-Degree Felony To Scam $50K Out Of 10 Or More Veterans. According to News 4 JAX, “Gov. Ron DeSantis signed 10 bills into law on Friday, including one to bolster fraud protections for military veterans. The governor’s bill action Friday came hours after he received the final 26 measures approved by lawmakers during the 2020 legislative session, which ended in May. The Florida Veterans Protection Act (SB 294) adds a veterans to the existing ‘White Collar Crime Victim Protection Act.’ The law makes it a first-degree felony victimize 10 or more veterans out of at least $50,000.” [News 4 JAX, 9/5/20]
2022: Ron DeSantis Signed Into Law Legislation That Provided $500K To Veterans’ Affairs To Establish The Veteran Suicide Prevention Training Pilot Program, Which Would Provide Veteran Suicide Prevention Training And Certification To Agency Claim Examiners And Local Veteran Service Officers. In April 2022, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 1712, which “require[d] the Department of Veterans’ Affairs (department) to establish and oversee the Veteran Suicide Prevention Training Pilot Program (program). The purpose of the program is to provide veteran suicide prevention training and certification to agency claims examiners and county and city veteran service officers. To provide training curriculum, the department will contract with an organization established in developing and implementing veteran-relevant and evidence-based suicide prevention training. Training topics include identifying indicators of elevated suicide risk and providing emergency crisis referrals for veterans in emotional or psychological distress. The bill require[d] the department to adopt rules, and submit a report to the President of the Senate and the Speaker of the House of Representatives by June 30 of each year. The report will provide information on the pilot program and recommend whether changes should be made to increase effectiveness. In the report to be submitted by June 30, 2026, the department will recommend whether the pilot program should be continued. A non-recurring appropriation of $500,000 is provided in the bill.” [Florida Senate, Accessed on 10/27/22; Florida Senate, S.B. 1712]
2021: Ron DeSantis Signed Into Law Legislation That Established The “Florida Is For Veterans” Program To Provide Servicemembers Workforce Training To Help Them Gain Employment After They Transition Out Of The Military. In June 2021, according to the Florida Senate, Ron DeSantis signed into law House Bill 435, which “designate[d] Florida is for Veterans as the state’s principal assistance organization under the United States Department of Defense’s (department) SkillBridge program (program) for employers and transitioning servicemembers. Under the existing SkillBridge program, a servicemember is eligible to participate in his or her last 180 days of military service. In its role under the program, Florida is for Veterans is required to: Establish and maintain its certification for either the Skillbridge program or a similar workforce training and transition program established by the department; Educate businesses, business associations, and transitioning servicemembers on the SkillBridge program and its benefits, and educate military command and personnel within the state on opportunities available to transitioning servicemembers through the program; Assist businesses in obtaining approval for skilled workforce training curricula under the program, including apprenticeships, internships, or fellowships; and Match transitioning servicemembers who are deemed eligible for program participation by their military command with training opportunities offered by Florida is for Veterans or participating businesses, with the intent of having transitioning servicemembers achieve gainful employment in the state upon completion of their training.” [Florida Senate, Accessed on 10/3/22; Florida Senate, H.B. 435]
- The Bill Created A “Statewide Awareness And Employment Program” Through The Defense Department’s SkillBridge Program, Which Allowed Servicemembers To Obtain Workforce Training With Civilian Employers While They Transition Out Of The Military. According to a press release from the Florida Department of Veterans' Affairs, “Governor Ron DeSantis signed several veteran-friendly bills into law following the 2021 Florida Legislative Session. House Bill 435 – Veterans Employment and Training. The legislation creates a statewide awareness and employment program built on the Department of Defense (DOD) SkillBridge Program. The program allows servicemembers to gain workforce training at civilian employers while on active duty as they are transitioning out of the military.” [Press Release - Florida Department of Veterans' Affairs, 12/28/21]
2021: Ron DeSantis Signed Into Law Legislation That Expanded The Benefit Of A Veterans’ Preference In Employment By Authorizing State And Political Subdivision To Waive Postsecondary Education Requirements For Employment If Servicemembers And Veterans Meet Eligibility. In June 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 922, which “[a]uthoriz[ed] the state and its political subdivisions to waive certain postsecondary educational requirements for employment for servicemembers and veterans who meet specified criteria; revis[ed] the list of positions that are exempt from veterans’ preference requirements; require[ed], rather than authorizing, each political subdivision to develop and implement a veterans’ recruitment plan for specified purposes; modif[ied] point preferences given to veterans and their family members when a numerically based selection process is used for hiring, etc.” [Florida Senate, Accessed on 10/4/22; Florida Senate, S.B. 922]
- The Bill Allowed State And Political Subdivisions To Waive Postsecondary Educational Requisites For Employments For Qualifying Military Members And Veterans And Enhanced Point Preferences Provided To Veterans And Their Families When Using A Numerical Selection Process During Hiring. According to a press from Gov. DeSantis, “Senate Bill 922 authorizes state and political subdivisions to waive certain postsecondary educational requirements for employment for eligible servicemembers and veterans. It also enhances point preferences given to veterans and their family members when a numerically based selection process is used for hiring.” [Press Release - Governor Ron DeSantis, 6/4/21]