¶ 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 Po