Florida lawmakers are convening in Tallahassee this morning to kick off the state’s annual regular legislative session – a 60-day window when lawmakers discuss, debate and pass legislation, as well as craft and pass a state budget for the coming fiscal year.

This session will be the first of Governor Ron DeSantis’s second term leading the state, following his landmark win last November. This will also be the first of two sessions with Senate President Kathleen Passidomo (R-Naples) and House Speaker Paul Renner (R-Palm Coast) at the helm of their respective chambers of the Florida Legislature. Today’s official kickoff follows months of preparation, with state House and Senate members periodically holding interim legislative committee meetings over recent months.

Heading into session, Florida’s conservative leadership is perhaps the strongest it has ever been. During the November election, Republicans increased their numbers in the state legislature, gaining supermajority status in both chambers. They also turned the Florida Cabinet from purple to red, saw a win for the Governor by a historic margin, and gained seats in the state’s Congressional Delegation. The working relationships between Florida’s executive and legislative leaders are also perhaps more harmonious than at any time in recent history. Throughout the interim period, both President Passidomo and Speaker Renner expressed a commitment to seeing the Governor’s legislative agenda to fruition this session. This, combined with Republicans’ supermajority rule, will enable the Party to see success on many hot-button conservative issues.

In terms of topics up for consideration over the next two months, the docket is already quite full, with comprehensive issues like tort reform and changes to the state’s death penalty laws up for debate. President Passidomo has placed a large focus on affordable housing during her time in the legislature, and members are expected to pass comprehensive legislation relating to the issue this session. Speaker Renner is pushing several conservative priority issues, including changing state gun laws and expanding school choice. While the agenda seems expansive for a 60-day session, several of these initiatives were filed during the committee week period and have already made significant progress through the legislative process.

Provided below is an outline of some of the key issues to be discussed and debated this session.

State Budget

• Record Surplus

While other states have struggled in recent years as a result of the lasting effects of Covid-related shut downs, inflation and the rising costs of living, Florida’s revenue numbers have long surpassed estimates and expectations. In fact, last summer it was reported that the state had amassed a surplus of $21.8 billion for the ending fiscal year – the highest in state history. Governor DeSantis’s determination to keep the state open for business has resulted in a state economy that is stronger than ever, with tourism restored, sales tax collections surpassing expectations, record amounts set aside in the state’s Rainy Day (Budget Stabilization) fund, and Florida’s unemployment rate consistently remaining lower than the national rate.

• 2023 Spending Priorities

With state coffers full, last month Governor DeSantis released his budget recommendations, totaling nearly $114.8 billion, for the coming Fiscal Year. The Governor’s “Framework for Freedom” spending plan places continued focus on increasing Florida’s K-12 education spending, with a $200 million increase for teacher salaries, and funding state environmental programs, including more than $1 billion for Everglades Restoration and water quality programs. The Governor’s budget also places more funds aside in reserves, allocates dollars for salary increases for state workers, and provides additional tax exemptions for Florida consumers.

The release of Governor DeSantis’s spending proposal is the initial step in the state’s annual appropriations process. The official budget will be crafted by state legislators throughout the session, with the final budget likely being passed just as the session draws to a close. Once the budget is passed by lawmakers, it’s sent to the Governor for his review, veto action, and final approval.

Legal Matters to See Major Changes this Session

• Tort Reform

Lawmakers are considering a large tort reform package, which is being collectively pushed by Governor DeSantis, President Passidomo and Speaker Renner. The legislation provides private businesses with protections from expensive lawsuits. The bills include language to place caps on medical damages, amend attorney fee requirements, and reduce the statute of limitations. The language would also keep businesses from having to pay damages when they are only partially at fault (if passed, defendants would have to be at least 51 percent at fault to pay damages).

• Death Penalty

Six years ago, the Florida Supreme Court ruled that juries must be unanimous when recommending the death penalty. In 2020, the Court reversed this ruling, opening the door for state lawmakers to change the law. This year, legislation has been filed in both chambers to allow for a death penalty sentence when eight out of 12 jurors recommend it.

This proposed change was spurred by last year’s sentencing of the Marjory Stoneman Douglas High School shooter, who was found guilty of murdering 17 people at the school but was only sentenced to life in prison. His sentence, which caused outrage among the victims’ families and others following the trial, was due to the jury not being unanimous on the death penalty.

• Defamation

Lawmakers will also review and file legislation regarding a 1964 U.S. Supreme Court decision that protects media companies and reporters from defamation lawsuits. This move is supported by Governor DeSantis and Speaker Renner.

“Anti-Woke” Initiatives

• Investments

Lawmakers will consider a proposal crafted by Governor DeSantis to prohibit investments using “woke” ratings based on environmental, social and governance (ESG) standards. The Governor’s intention is to separate politics from economic decisions. If passed, the proposal would prohibit financial institutions, asset managers and other organizations from basing investments on social or political factors. These factors typically include issues like climate change and racial inequality. The proposal, which is supported by Speaker Renner, is expected to pass this session.

• Gender-Related Legislation

Lawmakers in both the House and Senate have filed legislation to make it illegal for Florida doctors to provide certain treatments and therapies to transgender minors. While the House and Senate bills currently differ, both chambers outline punishments for doctors who violate the rule, including the loss of medical licenses in the House bill and criminal charges in the Senate legislation. The House legislation also prevents health insurers from covering the treatments.

In addition, Senator Erin Grall (R-Fort Pierce) has filed legislation known as the “Safety in Private Spaces Act” to require that restrooms and changing rooms be gender-specific only. On the House side, lawmakers will consider legislation to expand the prohibition of schools from instructing students on issues like sexual orientation and gender identity. While the current law applies to students up to third grade, this measure would expand the law to students through eighth grade. These are hot-button issues that are certain to cause significant debate and public testimony as the bills move through the committee process.

Other Key Legislative Initiatives

• Gun Carry

Laws Under a proposal filed by Rep. Chuck Brannan (R-Macclenny), a Florida gunowner would no longer need to follow the current licensing process to carry a concealed weapon, which includes criminal background checks and firearm training courses. If passed, the new “constitutional carry” law would instead only require those carrying concealed firearms to have valid identification. This legislation is strongly supported by legislative leaders and Governor DeSantis, and is moving quickly through the session process. While there is significant opposition to the measure, supporters point out that the current process and restrictions in place for purchasing a gun in Florida will remain unchanged.

• Affordable Housing

In recent years, several areas of the state have seen the lack of affordable housing options reach crisis levels. This issue was exacerbated by the 2020 pandemic, which brought an influx of people moving into Florida from other areas of the country, and is a major priority for President Passidomo this session.

A comprehensive legislative proposal, sponsored by Senator Alexis Catalayud (R-Miami), is already moving quickly through the process. The “live local” legislation includes a number of provisions to address the housing crisis, including incentivizing private investment in affordable housing, limiting local government oversight of zoning and building requirements, and prohibiting rent controls.

• School Choice

Lawmakers in both chambers are considering comprehensive school choice expansion legislation. The “universal school choice” bills would make taxpayer-funded scholarship programs available to all parents and students who want to attend schools other than traditional public schools, including private schools and home-schooling programs.

• AP Courses

Lawmakers are likely to consider legislation this session relating to the Florida College Board, which sets the curriculum for college-level courses provided for high school students, known as Advanced Placement. This results from tension between the Board and Governor DeSantis over the inclusion of race-related curriculum in AP Courses. While the Board initially removed the curriculum, tension remains with executive officials, which will place current standards and practices under review by legislators this session.

• School Board Races

Lawmakers are also set to consider legislation to place a constitutional amendment on the 2024 ballot to change term-limits for school board members from 12 years to eight years. The measure would also change school board races from non-partisan to partisan.

• Immigration

Building on his success during the recent special session, which saw the passage of a measure to utilize state funds to fly migrants out of Florida and into other areas of the country, Governor DeSantis is now pushing for additional immigration measures this session. The Governor’s plan would expand the use of E-Verify, the system used by employers to verify the legal status of employees. The legislation would also increase penalties for smuggling migrants into the country.

Going Forward

There is much to be decided and much at stake in the legislature in the coming months, with critical state policy and funding issues up for discussion. As of this writing, members have already filed more than 1,600 bills for consideration this session. The number of those bills that will actually be heard and moved through the process, however, will be much smaller. Typically, only about 200 policy bills pass completely through the legislative process by the time session wraps up.

The 60-day session is scheduled to conclude on Friday, May 5th.

Joined by Governor Ron DeSantis, lawmakers marked the end of the 2022 Legislative Session in a “sine die” ceremony, which included the traditional hanky drop, at 1:03 pm on Monday, March 14th. After a delay in budget negotiations, which extended session past the original end date of Friday, March 11th, Florida lawmakers passed a record $112.1 billion state spending plan. Despite this being an election year, which typically means members shy away from heavier, more contentious issues, state leadership pursued numerous important policy matters for consideration – some of them controversial.

STATE BUDGET

→ Revenues: General revenue, which is made up of sales taxes, corporate-income taxes, documentary-stamp taxes and various other sources, plays a critical role in the amount of funding state legislators allocate to the upcoming fiscal year’s budget. Prior to session kick-off, the Revenue Estimating Conference, a panel of economists from both the executive and legislative branches, announced general-revenue projections well over $3 billion higher than had been expected. While projections were higher than anticipated, economists cautioned Florida could see a slow down as people use the last of their stimulus money and face possible interest-rate hikes that would affect the housing market. Even with the cautionary warning, the estimated projections, as well as a substantial amount of funds in reserves, encouraged lawmakers to pass a record budget for the fiscal year that will start July 1st.

→ General Appropriations Act: Lawmakers ultimately agreed to allocate $112.1 billion to the General Appropriations Act, also known as state budget, for the 2022-23 fiscal year – proposing an increase over last year of more than $11 billion. This proposal, which includes $3.5 billion in federal relief funding, is the largest budget in the state’s history. The annual state spending plan, which is the only bill over which Governor DeSantis has line-item veto power, includes funding increases for public schools, pay raises for state employees, and doubles down on funding provided to environmental programs. Highlights include $400 million for broadband expansion into rural areas, an increase in minimum wage for state workers to $15 an hour in addition to a 5.38% pay bump to account for inflation, and $100 million to help teachers, health care workers, law enforcement and others buy houses. Also included in the proposal is $1.4 billion for construction and deferred maintenance at state colleges and universities, $800 million to increase teacher salaries, and $200 million for the state’s Resilient Florida grant program which provides local governments funds for climate resiliency projects.

Passed unanimously through the Senate and receiving only three “no” votes in the House, the budget is ready to be sent to the desk of Governor Ron DeSantis for his careful consideration.

LEGISLATIVE INITIATIVES

→ Abortion: As one of the most divisive issues discussed this session, lawmakers listened to hours of public testimony and debate over legislation relating to abortions. A
bill that would ban Florida doctors from performing abortions after 15 weeks of pregnancy, with few exceptions, was approved in a near party-line vote by lawmakers. Under this new legislation, abortions after 15 weeks of pregnancy can only be performed if two doctors agree on the consensus of a “fatal fetal abnormality”. If the Governor signs the legislation as expected, the law will take effect July 1, 2022.

→ Broadband: In the 2021 legislation session, language was passed to encourage broadband companies to expand into rural areas. Building on this, legislation was filed during this most recent session aiming to create a “Broadband Pole Replacement Program”, which would reimburse funds spent during the removal and replacement of existing utility poles in areas of Florida that are unserved by broadband internet service. While the “Broadband Pole Replacement Program” language failed to advance through the process, lawmakers still recognized the importance of expanding high-speed internet accessibility in Florida by appropriating $400 million of the pandemic relief dollars to rural broadband expansion.

→ Healthcare: Due to legislation passed this session, long-term care and other healthcare providers’ protection against COVID-19 related legal claims has been extended an additional year, now remaining in effect until June 1, 2023. This legislation, which was a top priority of Florida’s nursing homes, doctors and hospitals, makes clear that a plaintiff must prove gross negligence or intentional misconduct to successfully sue a health care provider for COVID-19. The Legislature advanced the bill proposal to the desk of Governor Ron DeSantis, who signed it into law on Thursday, February 24th.

→ Data Privacy: Legislation aimed to give consumers more control over personal information collected by businesses collecting and selling online data was considered, but ultimately not passed, this session. If passed, the bill would have given Floridians more control over how their online data is sold and shared, including the right to access personal information collected, the right to edit personal information collected, and the right to opt-out of the sale or sharing. While popular with voters, the bill faced opposition from business and industry associations who argued the proposal would cost Florida companies billions of dollars in compliance costs.

→ Education: Heading into this year’s session, Governor DeSantis made it clear testing reform for Florida students in pre-kindergarten through 10th grade would be one of his administration’s top priorities. He called for legislation to replace the Florida Standards Assessment (FSA) with a computer-based screening conducted three times throughout the school year aimed at measuring students’ learning progress in real-time. The bill also places a cap on class time dedicated to state testing at 5%. This bill was signed by the Governor on Tuesday, March 15th and will go into effect at the beginning of the 2022-23 school year.

Another piece of education related legislation, arguably one of the most controversial bills under consideration, was also advanced through the legislative process this year. Following Governor DeSantis’ call for the state to push back on “critical race theory” the House and Senate considered and ultimately passed legislation aimed to prohibit lessons in the classroom that make students feel they are inherently racist, sexist or oppressive because of their race, color, sex or national origin. The legislation also applies to corporate settings. If approved, the legislation would take effect in July.

→ Elections: Another priority of the DeSantis administration this session centered around election integrity. Working from the proposal the Governor released back in November 2021, the legislature considered and passed legislation that would establish an Office of Election Crimes and Security within the Department of State to combat election fraud. The legislation also increases penalties third-party registration organizations could incur for certain violations, prohibits the use of ranked-choice voting, and conforms the mailing and canvassing timeframes for all-mail-ballot elections. If signed by the Governor, this legislation would take effect upon becoming law.

→ Immigration: With a goal of strengthening immigration enforcement, lawmakers approved legislation that would prevent state and local governmental entities from doing business with companies that willfully transport illegal immigrants into the state. The bill also expands a 2019 law that aimed to ban “sanctuary cities”. If signed by the Governor, the bill would take effect immediately.

With illegal immigration enforcement remaining a top priority of Governor DeSantis, the legislature also included $12 million in the state budget to fund the transportation of undocumented immigrants out of the state.

→ Insurance: For the second year in a row, aggressive legislation aimed at reforming the property-insurance industry was filed. The legislation advanced through the Senate, but House leadership opted to postpone making changes to current law until the full impact of changes made during the 2021 session are felt by Floridians – a process that can take 18 months according to experts.

The filed legislation passed through the Senate attempted to make changes to the operations of Citizens Property Insurance Corporation – a state created not-for-profit insurance provider for eligible Florida property owners unable to find insurance coverage in the private market. Also included in the Senate proposal – perhaps the most controversial part of the proposed reforms – was language that could have increased roof-damage claim deductibles up to 2% of the overall policy limits.

Lawmakers also considered proposals to repeal the state’s longstanding no-fault auto insurance system, but the legislation was not approved.

Unable to come to an agreeable compromise, lawmakers saw insurance reform proposals fail this session even as insurance companies operating in the state reported a $1.5 billion loss last year. There are already rumors of a special session being called later this year to address these reform initiatives.

→ Local Governments: The Legislature advanced legislation that would allow businesses to sue governments over local ordinances changes. This legislation, titled the “Local Business Protection Act”, would permit businesses that have been established for at least three years, and can prove a 15% loss of income during a 365-day period due to changes in law, to sue local governments in an effort to recoup undue losses. If approved by the Governor, this legislation would immediately become law.

→ Redistricting: Due to the constitutional requirement that districts must be redrawn once every decade, state lawmakers spent considerable time this session working to determine a new set of political boundaries for Florida voters.

Unlike the congressional maps, the Legislature passed new boundaries for the 120 state House seats and 40 state Senate seats under a joint resolution, requiring approval by the Florida Supreme Court instead of review by the Governor’s Office. The relatively quick passage of these new maps, and the Court’s approval of the cartography, was considered a victory for Republican legislative leaders. With experts predicting these new maps will allow for a Republican majority in the state for the next ten years, opponents of the new legislative boundaries warn the fight may not be over.

Despite a veto warning by Governor DeSantis, the Legislature also advanced plans for the reshaping of Florida’s congressional districts. The proposed map reshapes Florida’s 5th Congressional District from a Tallahassee-to-Jacksonville configuration to a Duval County-only seat. The approved legislation also provides for a backup map in the event the redrawn districts are found unconstitutional.

If the legislation is vetoed by the Governor, the House will need 80 votes, and the Senate will need 26, to override his action. If state legislators cannot secure the needed votes, lawmakers will have to return to Tallahassee for a special session, or ask the court to draw a redistricting map, and advance a new map prior to June 17th – the final day for congressional candidates to qualify.

→ Taxes: The tax cut package proved to be one of the most anticipated pieces of legislation this session, being debated and modified in the final hours of the legislative session. A proposal, which will save Floridians more than $658 million, was ultimately agreed upon and advanced through both chambers. Included in the package are several sales tax holidays for back-to-school items, hurricane preparedness items, tools for skilled workers and tickets to cultural events, a one-year sales tax break on diapers and infants’ and toddlers’ clothing. While the Governor urged lawmakers to pass a $1 billion, five-month moratorium starting July 1st on the state’s 25-cent gas tax, the Legislature’s proposal included a one-month moratorium, starting October 1st.

→ Transportation: As budget negotiations ramped up, the House amended the one transportation bill that gained traction during the process, which included policies such as progressive design build authorization for the Florida Department of Transportation (FDOT) and a cap of 25% on modal projects. Ultimately, the Senate withdrew this bill from consideration during the waning days of session. While this legislation failed to move through the process, FDOT did fare well in the budget and implementing language. The Legislature fully funded the Work Program at $10.8 billion, provided an additional $50 million for the Small County Outreach Program (SCOP) and Small County Road Assistance Program (SCRAP), gave the Department $40 million in rate to provide raises for Department employees and increased the Secretary’s salary.

GOING FORWARD

The state legislative process will continue in the coming weeks as measures approved by lawmakers this year are finalized and prepared for delivery to the Governor. Ultimately, out of the 3,735 bills filed, 285 passed successfully through the session process this year. These include the 2022-2023 state budget and budget implementing bills. Once the Governor receives a bill, he has a total of 15 days to either sign it into law, veto it, or let it become law without his action. The budget is the only piece of legislation over which the Governor has line-item veto power. Our team is working continuously with state policy and budget leaders on policy and appropriations issues approved during session.

Once all 2022 session work has wrapped up, lawmakers will have an extended break before reconvening in Tallahassee for committee meetings to prepare for next year’s session. The 2023 legislative session, which will be guided by incoming leaders Speaker-designate Paul Renner (R – Palm Coast) and President-designate Kathleen Passidomo (R – Naples), is scheduled to start on Tuesday, March 7, 2023.

Florida lawmakers convened in Tallahassee yesterday to kick off the 2022 legislative session. The official start followed weeks of preparation, with state House and Senate members periodically holding interim legislative committee meetings beginning last September.

Despite recent New Year celebrations, there is much that still feels familiar – primarily, the ongoing COVID-19 pandemic. Despite this, Florida has fared much better than other states in numerous ways. Governor DeSantis remains steadfast in his commitment to keep the state open for business and support and implement policies that make the most sense for Florida. Last November, the Governor called a week-long special legislative session to address issues relating to federal vaccine mandates, as well as COVID-19 policies and restrictions being implemented by local governments throughout the state. This session, members are keeping the State Capitol open for business while eyeing ways to further policies previously passed that provide protections for health care workers and other businesses against legal actions related to COVID-19.

In terms of topics up for debate over the next two months, the docket is certainly getting full. Despite this being an election year, which typically means members shy away from heavier, more contentious issues, the Governor and other leaders have outlined numerous important policy matters for consideration – some of them controversial. For example, yesterday legislation was filed by Republican members in both chambers to limit the state’s current abortion laws. This issue is certain to cause substantial contention this session.

The Governor recently announced his 2022-2023 budget recommendations and spent the past several weeks rolling out his priorities for the 60-day session. These were highlighted during his annual State of the State Address yesterday morning, where he emphasized that Florida is and will remain a “free state.” In addition to budget recommendations totaling $99.7 billion, the Governor’s objectives for session include sweeping changes to existing state laws.

Senate President Wilson Simpson (R-Spring Hill) and House Speaker Chris Sprowls (R-Clearwater) also made opening speeches before their respective chambers yesterday. Both Simpson and Sprowls are in the second and final years of their leadership terms, and both are certain to have substantial legislative objectives for session. Last session proved to be fairly harmonious between leaders. Hopefully, the process will go as smoothly this year since it’s an election year.

In addition, this session both chambers are tasked with redrawing Florida’s state legislative and Congressional district maps – a monumental effort known as redistricting. With steady population growth in recent years, Florida will gain one Congressional seat this year, going from 27 to 28 seats. This issue will be key as we move closer to the 2022 elections this fall.

Leadership

Governor DeSantis has worked tirelessly throughout his time in office, taking very little time off. Despite the difficulties of the past two years, he has proven himself to be one of the strongest leaders in state history. Last month, the Governor announced his budget recommendations for the coming year, which are nearly $2 billion less than the current budget.

Last session was an overwhelming success for the Governor, with his policy and appropriations priorities successfully passed by lawmakers. This year, the Governor is making a strong push for continued election reforms, including the creation of a state office to investigate election-related crimes. The Governor also remains focused on education, calling for increased spending as well as changes to education policy – particularly, prohibiting the teaching of Critical Race Theory in the state’s public schools.

One big issue for the Governor is combatting immigration policies being implemented by the federal government. Another is maintaining law and order and protecting Florida’s police forces. The Governor is calling for increased salaries and bonuses for the state’s law enforcement officers, as well as increased funding for the Florida National Guard and the re-establishment of the Florida State Guard – a military guard set up during World War II when members of the Florida National Guard were deployed.

The Governor is also keenly focused on providing relief for Floridians against inflation and the rising costs of basic goods and services. One of his biggest priorities this session is a temporary suspension of the state gas tax to help Florida consumers with ever-increasing gas prices.

On the Senate side, in his opening remarks to the chamber yesterday, President Simpson called for increased investment in the state foster care system, as well as pay raises for law enforcement officers – a top priority of Governor DeSantis. Simpson is also supporting a controversial measure this session filed by Senator Travis Hutson (R-Palm Coast) that would allow private businesses to sue local governments in instances where local government policies caused profit losses for the business. While supported by business groups, the legislation is heavily opposed by local governments and their organizations throughout the state. This will likely be a contentious issue this session.

President Simpson also recently expressed interest in revisiting legislation passed by lawmakers last year to end the state’s no-fault insurance system. While that bill passed through the 2021 session, it was ultimately vetoed by Governor DeSantis. In addition, Simpson may again attempt to push legislation to move state workers away from the traditional pension system and into investment plans.

On the House side, Speaker Sprowls also addressed his chamber yesterday. While the Speaker did not go into specifics with legislative priorities, he did express that this session would be all about “risk” – particularly, assessing current threats to the state ranging from cybersecurity, to hurricanes, to risks to the values held by Floridians.

State Budget

→ Revenues and Federal Stimulus
Budget and revenue-wise, Florida has fared significantly better than many other states over the past two years. The first year of the pandemic saw Governor DeSantis make a record $1 billion in vetoes to the 2021-2022 state budget passed by lawmakers that year. Since then, however, the state has consistently overperformed and far exceeded revenue projections. That, combined with influxes of federal cash through stimulus plans passed at the federal level, has resulted in a consistently positive outlook for state budget writers.

Last year, lawmakers saw the infusion of around $10 billion in federal relief funds to the state, as well as state revenues consistently coming in higher than projected. The result was a record $101.5 billion state spending plan in 2021 – the first time in Florida’s history that the state budget surpassed $100 billion. Lawmakers ultimately decided to spend about $6 billion of the federal funds and place the remaining dollars into state reserves.

This year, revenues have again consistently outperformed projections. In August, state economists estimated that lawmakers would have more than $2.5 billion over forecasts for crafting a 2022-2023 state budget. In December, revenues were again higher than projected – largely due to sales tax collections, showing that Florida’s economy remains strong.

→ 2022 Spending Priorities
Last month, Governor DeSantis rolled out his $99.7 billion budget proposal. The Governor’s plan keeps with the use of federal dollars for key programs and continues his commitment to invest in Florida. The plan calls for boosts in education spending – $1.1 billion over the current budget – as well as increased spending on workforce education programs. In addition, the Governor calls for spending federal stimulus dollars to provide another round of bonuses for teachers in the amount of $1,000, as well as continued funding for increasing teacher salaries. On the higher education front, the Governor’s plan decreases spending for state universities by $100 million and calls for no tuition increases for Florida’s public college and university students. The plan does, however, fully fund the Bright Futures Scholarship Program, which provides scholarship funds for students based on academic achievement.

Environment and water issues have consistently been a major priority for Governor DeSantis who, upon taking office, committed to providing a total of $2.5 billion in environmental spending over his first four-year term. This year, the Governor maintains his commitment, with nearly one billion allocated for environment and water programs, including Everglades restoration.

On the economic development front, the Governor wants to build on Florida’s growing economy by doubling funding for the state’s Job Growth Grant Fund, as well as providing continued funding for Visit Florida, the state’s tourism marketing agency. One of the biggest components of the Governor’s plan is the utilization of federal funds for a five-month suspension of the state’s gas tax, which will help consumers during this time of steadily rising gas prices.

In addition to his spending plan, the Governor’s recommendations also call for placing $15 billion into reserves to continue building savings for the state.

Noting the unprecedented influx of federal dollars to the state, last week the Governor expressed that this year will likely be the best year to seek funding for local projects. This shows promise for receiving state funding, not only through the session process, but also during the post-session veto period. At this time, there have been more than 1,600 appropriations requests filed in the House, and more than 1,000 in the Senate.

Legislative Initiatives

→ Education
Governor DeSantis has consistently expressed his support for increased K-12 funding. There has been considerable success in recent years, given his push for increased teacher salaries, as well as school choice and voucher programs.

Last year, the Governor saw successful passage of a measure requiring school civics curriculum to include teaching about the U.S. Constitution and other aspects of American liberties and citizenship. After last session wrapped up, the Governor supported a proposed rule to remove Critical Race Theory (CRT) from all teaching in Florida schools. This year, the Governor is looking to take the issue a step further, supporting legislation to allow parents to sue schools where CRT is taught, and allowing for the recovery of attorney fees in those situations.

Last September, the Governor announced the complete elimination of the Florida Statewide Assessment (FSA), the state’s standardized test for students. This session, the Governor is looking to provide more than $15 million to fund the creation of a replacement program and move school accountability from standardized testing to “progress monitoring.”

Last week, a Senate measure was filed to place a constitutional amendment on the ballot to require eight-year term limits for school board members throughout the state. This proposal has been considered in previous sessions without successful passage, but given the recent contention between state lawmakers and school districts, many believe the issue may gain more steam this year.

→ Elections
In the final days of last session, lawmakers agreed on legislation to overhaul Florida’s election procedures – placing expanded restrictions on voting by mail, particularly the use of “drop boxes” for voting.

This year, Governor DeSantis is looking to take the issue even further, calling for the creation of an Office of Election Crimes and Security to crack down on crimes relating to voting and elections. The Office will be particularly focused on ballot harvesting, where ballots are collected and submitted by third-party individuals rather than voters themselves.

→ Environment
Environmental issues have had high priority over the past several years, with resiliency being one of the most critical topics addressed last year. This session, there will be several legislative proposals up for discussion and debate among lawmakers.

In 2019, legislation was passed to create a state Blue-Green Algae Task Force to address and resolve water quality issues throughout the state. This year, lawmakers are considering measures to implement recommendations of the task force. Senator Aaron Bean is also pushing legislation to allow the Governor to appoint a secretary to the Florida Department of Environmental Protection (DEP) without needing the approval of the Cabinet.

→ Health Care
Florida lawmakers are considering legislation to extend last year’s legal protections against Covid-related lawsuits for the state’s health care providers. The 2021 bill is set to expire at the end of March. This year’s legislation would extend the protections to June 1, 2023.

One of the biggest and potentially most controversial issues this session will surround the topic of abortion – an issue being debated nationwide and currently being decided by the U.S. Supreme Court. As session kicked off yesterday, bills were filed in the House and Senate to prohibit abortions from being performed in Florida after 15 weeks gestation.

→ Immigration
One of the biggest efforts for the Governor and other state leaders this session will be combatting controversial immigration policies being implemented by the federal government. There are many components to the legislation filed recently in both chambers and supported by the Governor. Much of the issue surrounds the practice of federal officials bringing late-night flights of undocumented immigrants into Florida cities. The legislation would extend the previously passed ban on sanctuary cities in Florida and expand the state’s E-Verify requirements. Under the legislation, companies that aid in the transportation of undocumented immigrants into Florida would be banned from contracting with Florida’s state agencies and local governments.

→ Transportation
Lawmakers in both chambers will consider comprehensive transportation packages this session, which typically outline the Florida Department of Transportation’s (FDOT) legislative priorities for the year, and include matters relating to the state’s roadways, airports, and seaports, among other issues.

Key for state transportation policies going forward will be the infusion of billions of federal dollars – nearly $17 billion over the next five years – into state projects and programs. These funds will be utilized for various projects including highways, bridges, airports, seaports and railroads. At this point the state is awaiting guidance and clarification from federal officials on exactly how the funds can be utilized and what will and will not be allowable going forward.

Going Forward

There is much to be decided and much at stake in the legislature in the coming months, with critical state policy and funding issues up for discussion. As of this writing, members have already filed more than 3,500 policy and appropriations bills for consideration this session. The number of those substantive bills that will actually be heard and moved through the process, however, will be much smaller. Typically, only about 200 policy bills pass completely through the legislative process by the time session wraps up.

The 60-day session is scheduled to conclude on Friday, March 11th.

Once session adjourns, state headlines will almost immediately shift to the coming 2022 elections.

JACKSONVILLE, Fla. (December 2, 2021) – The Fiorentino Group (TFG), a leading government relations and business development firm, is pleased to announce that Margo Klosterman has joined their team. As a principal in the firm, Klosterman will focus primarily on representing clients at the local and federal levels of government.

Prior to joining TFG, she was the Assistant Vice President of Legislative and Political Affairs at Delta Dental Plans Association in Washington, D.C., where she worked for five years. She has also worked for the American Dental Association and as an outside consultant for hospitals and patient advocacy groups, focusing on medical devices, biologics and disease research.

“We are excited that Margo has joined our team,” said TFG Founder and President Marty Fiorentino. “Her unique experience with and knowledge of healthcare policy will be invaluable to companies and businesses working to navigate this increasingly complex area of government.”

Klosterman is highly skilled in legislative relations and public policy and will utilize her expertise to create strategies to assist TFG’s clients.

“I believe it is important to understand how a government policy can have a positive or negative impact on any aspect of a company – not just their primary business focus,” Klosterman explained. “I am thrilled to return home to Jacksonville and get to work with the TFG team!”

Klosterman has also held positions as a Mayoral Liaison to the Jacksonville City Council and served as the head of Regional Outreach at the Executive Office of Governor Rick Scott. She earned her degree in political science from Saint Mary’s College in South Bend, Indiana, and enjoys spending her free time with her two Newfoundlands, Kona and Waffles.

About The Fiorentino Group: We are a full-service government relations and business development firm with offices in Jacksonville and Tallahassee. We provide a broad range of consulting services to Fortune 500 companies and other highly regarded organizations looking to influence public policy and create new business opportunities. Founded in 2002, we are distinguished by our unparalleled relationships with decision-makers, our work on complex issues and our more than 50 years of combined experience in state, local and federal government relations. For more information, please visit www.thefiorentinogroup.com.

###

2021 Legislative Session Wrap-Up

Florida lawmakers wrapped up the 2021 legislative session on Friday afternoon, after a whirlwind final week of last-minute budget negotiations and amendments to key policy proposals. Following the historic events of 2020 and a tumultuous end to last year’s session, this year’s process went surprisingly well, with the success of numerous leadership priorities and the passage of a record $101.5 billion state budget for the coming year.

Several key policy proposals were approved over the past several weeks, including COVID liability protection legislation, as well as a measure to combat violent protests – a priority of Governor DeSantis. However, some of the biggest activity took place during the final days of the process. The late-session flurry of activity involved passing bills poised for final consideration and tacking substantive amendments onto moving legislation in order to ensure the success of legislative priorities. The bills passed as session was winding down included a repeal of the state’s no-fault auto insurance requirement, as well as two issues that were thought to be “dead” – a measure relating to the cruise industry in the Keys, as well as a controversial proposal to ban transgender athletes. Both issues were resurrected and approved by lawmakers last week and will now be sent to the Governor for consideration.

The success of this year’s session was due in large part to the infusion of around $10 billion in federal relief funds to the state through the most recent federal stimulus plan, as well as state revenues consistently coming in higher than projected throughout the past year. In addition, the working relationships between the Governor, Senate President and House Speaker remained fairly harmonious. All had big priorities for session, and all achieved big wins on their priority issues.

Despite Friday’s adjournment, lawmakers have not yet completed their work for session. With Governor DeSantis signing a landmark new gaming compact with the Seminole Tribe of Florida – setting the state up to potentially receive around $2.5 billion in revenues – House and Senate members will now return to Tallahassee on May 17th for a special legislative session to approve the new deal.

Leadership

Throughout the difficulty of the past year, Governor Ron DeSantis has proven himself to be one of the strongest leaders in state history. The Governor has worked tirelessly since his election in 2018, and his approval rating has reflected his dedication to the wellbeing of Florida and its residents.

Last year, in an effort to shore up state finances and prepare for the potential fallout of the pandemic, the Governor vetoed a record $1 billion from the budget passed by lawmakers during the 2020 session. This year, the Governor presented a robust proposal totaling a surprising $96.6 billion – $5 billion more than his recommendations last year – with a focus on reinvesting in the state to ensure continued growth following COVID.

Ultimately, the 2021 session was an overwhelming success for the Governor. On the policy side, he saw big wins on nearly all of his highest priorities, including a bill cracking down on social media and tech giants, legislation to combat violent protests, an overhaul of state voting procedures, and a ban on “vaccine passports” in Florida. In addition, the Governor saw success on his spending priorities, including education and environmental programs, and bonuses for the state’s first responders – something the Governor fought hard for throughout budget negotiations.

Both Senate President Wilton Simpson (R-Trilby) and House Speaker Chris Sprowls (R-Palm Harbor) also saw success this year. President Simpson saw the approval of several of his priorities, including expanding school choice and making substantive changes to state election policies – both of which were passed last week – as well as a “Right to Farm” bill, which has already been signed into law by Governor DeSantis.

On the House side, Speaker Sprowls championed a move to extend Medicaid coverage for Florida’s postpartum mothers from two months to one year, as well as the creation of a program to deliver books to Florida’s struggling K-12 readers. Both of these were funded in the state budget and were big wins for the Speaker.

State Budget

Even as revenue reports over the months leading up to session consistently surpassed expectations, at the beginning of session, the anticipated 2021-2022 budget shortfall totaled more than $2.7 billion. However, with increased revenues and the infusion of federal dollars into state coffers, the process was ultimately very different from early expectations.

→ Revenues, Stimulus and Negotiations
As lawmakers prepared for budget conference last month, reports showed a $2 billion total increase in state revenue collections over projections (around $1.4 billion for the current fiscal year and nearly $551 million for 2021-2022).

At the federal level, a record $1.9 trillion stimulus package was signed into law by President Biden in March. Under the plan, Florida receives around $10 billion in funds to fill different areas where the pandemic has caused revenue losses. The spending plan for the federal funds was negotiated by House and Senate leaders during budget conference.

Initial spending proposals totaled nearly $95 billion in the Senate and more than $97 billion in the House. Throughout the budget writing process, the House and Senate struggled to come to terms on allocations for health care and hospitals, with the House looking to make cuts in those areas of the budget. Members also had to agree on plans for utilizing the federal stimulus, as well as major allocations for programs like education and the environment.

→ Final Spending Plan
Lawmakers ultimately agreed on a record $101.5 billion state spending plan for Fiscal Year 2021-2022, which begins July 1st. This is the first time in Florida history that the state budget has surpassed $100 billion. Lawmakers ultimately decided to spend about $6 billion of the federal funds coming to the state, with the remaining dollars going into state reserves. While health care funding was a point of contention early on between the two chambers, the final budget product includes an increase in overall health care spending of nearly $5 billion.

The budget includes funds for bonuses for Florida’s teachers and principals, as well as around $50 million for teacher salary increases. The higher education budget was trimmed down in some areas, with the elimination of the Access to Better Learning and Education (ABLE) Program, a grant program utilized by Florida students attending private colleges and universities, as well as other cuts.

Environmental spending got a huge boost as a result of the stimulus, with around $1 billion going to various programs. This includes $300 million for a wildlife corridor, a $500 million Resilient Florida Trust Fund, and $50 million boosts to beach management and petroleum cleanup programs.

Speaker Sprowls secured wins on two of his biggest appropriations priorities, with $239 million for his push to extend Medicaid for Florida’s postpartum mothers, as well as $125 million for the New Worlds Reading Initiative, which sends books to Florida’s struggling K-12 readers. In addition, Florida’s first responders will each receive a $1,000 bonus – a priority of Governor DeSantis.

Budget writers also allocated $2 billion for state transportation projects and around $500 million for septic-to-sewer conversion efforts throughout the state. Now that lawmakers have passed the budget, the plan will be sent to Governor DeSantis for his review and consideration. The Governor has line-item veto power over the budget.

Special Legislative Session on Gaming

The issue of gaming has been the topic of extensive debate among state leaders over the past several years, but recent efforts to negotiate an updated compact with the Seminole Tribe of Florida have been unsuccessful. However, talks this year between the Governor and the Tribe have resulted in the development of a new 30-year deal. The proposed agreement includes numerous provisions, and allows the state to participate in online sports betting with the Tribe serving as the hub. The deal could potentially net the state around $2.5 billion over the first five years.

The new compact must now be approved by the legislature, followed by the U.S. Department of the Interior. There are some concerns about whether the Florida Constitution requires voter approval for sports betting to become legal, as well as concerns about the provisions potentially violating existing federal laws relating to tribes and gaming.

Lawmakers are set to reconvene in Tallahassee on May 17th for a special session to consider and vote on the new compact. This issue has been a priority for President Simpson.

Legislative Initiatives

→ Taxation
Lawmakers passed legislation this year to require out-of-state online retailers to collect sales taxes when Floridians make purchases online. This stands to net the state more than $1 billion in revenue.

In the final days of session, members agreed on a tax package totaling just over $196 million. The measure includes sales tax holidays for back-to-school and disaster preparedness shopping. In addition, lawmakers passed a “Freedom Week” sales tax holiday, beginning July 1st, which would provide sales tax exemptions on tickets for concerts, sporting events, museums and other cultural events.

Lawmakers also passed legislation that “decouples” the state from four federal tax cuts implemented during the Trump administration.

→ Legislation to Combat Violent Protests
Last month, Governor DeSantis signed one of his key priorities for session – an “anti-riot” measure to combat violent protests – into law. The bill enhances penalties for crimes committed during protests and puts measures in place to keep local governments from cutting police funds. The bill passed following hours of lengthy, contentious debate in both chambers. Since then, civil rights attorneys have filed a challenge to the measure in federal court in Orlando.

→ Social Media
The Governor also took aim this session at the practices of the nation’s social media giants – particularly the censorship of user activity and content with, many believe, the intent to impact U.S. elections. With the support of legislative leaders, the Governor pushed a proposal to enforce strict rules on the platforms. The bill that passed will prohibit the platforms from removing political candidates and implement fines if that rule is violated.

→ Data Privacy
Lawmakers in both chambers considered a controversial proposal this session regarding the private data of consumers collected by companies online. The contention surrounded language relating to the potential for lawsuits against businesses. Many saw this initiative, which was a component of the push to crack down on social media companies and other internet platforms, as something that would have unintended negative consequences on other businesses. Ultimately, with a large amount of opposition, this measure died without passage on the final day of session.

→ Elections
Lawmakers came to agreement in the final days of session on legislation to overhaul Florida’s election procedures – a priority of Governor DeSantis, and possibly the biggest issue of contention between Republicans and Democrats this session. While legislators ultimately backed off on some of the more controversial provisions of the bill, what ultimately passed is a measure to place more restrictions on voting by mail, particularly the use of “drop boxes” for voting.

Lawmakers also passed a measure to place a constitutional amendment on the 2022 ballot to abolish the state’s Constitution Revision Commission – a 37-member panel that meets every 20 years to craft amendments for voter consideration. The commission has been criticized in recent years over bundling numerous amendments together for placement on the 2018 ballot.

→ Education
With Governor DeSantis and legislative leaders all in support of school choice, lawmakers passed legislation this session to implement a significant expansion of the state’s school voucher program, which allows parents to send their children to private schools. The measure passed consolidates existing voucher programs, and increases the maximum financial eligibility for parents to qualify for the vouchers. With the changes, more than 60,000 new students will now qualify for the program.

One of the more controversial measures passed this session – which initially looked to be dead – is a bill to ban transgender athletes from playing girls’ and womens’ sports at the middle school, high school and collegiate levels.

On the higher education front, members passed a comprehensive package that includes COVID liability protections for Florida’s colleges and universities. The package also provides tuition waivers for certain students, and extends in-state tuition breaks to certain out-of-state students.

President Simpson’s goal of amending the state’s Bright Futures Scholarship program ultimately did not pass this session. While the legislation was watered down throughout the process, with the only provision remaining at the end of session being one that would tie scholarship amounts to funds available in the budget each year, the changes ultimately were not supported by the House.

→ Environment
One of the biggest issues addressed this session – both with regard to funding and policy – was “resiliency,” an expansive effort to protect the state against flooding and rising sea levels. This was a priority for both Governor DeSantis and Speaker Sprowls.

House and Senate members ultimately came to agreement on legislation that will dedicate up to $100 million per year on various projects and grant programs for local governments to combat flooding issues. The bill also requires the Florida Department of Environmental Protection (DEP) to create and update a state sea level resilience plan. In addition, lawmakers approved the creation of a Resilient Florida Trust Fund, which will be funded at $500 million.

Discussions did become contentious as lawmakers considered a measure to dedicate a significant portion of the state’s documentary stamp tax revenues to resiliency efforts and away from affordable housing programs. That legislation is on its way to the Governor for his action on the measure.

Lawmakers also approved “Right to Farm” legislation – a priority of President Simpson. The bill provides protection for Florida’s farming industry by making it more difficult to file nuisance claims against farmers, and has already been signed into law by Governor DeSantis.

→ Transportation and Seaports
In a late-session change of course last week, lawmakers resurrected seaports preemption language to rule any local referenda regulating ships docking at seaports invalid. This controversial effort is in direct response to a referendum passed in Key West banning cruise ships from coming into port there. The language was tacked on to a transportation package, which also includes various rules and regulations regarding highway travel and regional transportation authorities.

Lawmakers also supported a separate transportation bill that repeals Florida’s Multi-Use Corridors of Regional Economic Significance (M-CORES) – a measure championed two years ago by former Senate President Bill Galvano (R-Bradenton) to create a comprehensive rural transportation program in Florida. The legislation passed by lawmakers ultimately scraps most of the projects outlined in the M-CORES program, while stipulating that lawmakers develop plans for the remainder of the projects.

Going Forward

In addition to special session, the state legislative process will continue in the coming weeks as measures approved by lawmakers this year are finalized and prepared for delivery to the Governor. Ultimately, out of thousands of bills filed, 275 bills passed successfully through the session process this year. At this time, eight bills have been signed into law by Governor DeSantis. None have been vetoed thus far. The majority of the successful bills are still being finalized. These include the 2021-2022 state budget and budget implementing bill.

Once the Governor receives a bill, he has a total of 15 days to either sign it into law, veto it, or let it become law without his action. The budget is the only piece of legislation over which the Governor has line-item veto power. Our team is working continuously with state policy and budget leaders on policy and appropriations issues approved during session.

Once all 2021 session work has wrapped up, lawmakers will only get a quick break before reconvening in Tallahassee for committee meetings to prepare for next year’s session, which is set to start in January, as 2022 is an election year.

With regard to next year’s election, President Simpson has indicated that lawmakers’ work to redraw state congressional districts will likely take place this summer. While official census information has been delayed as a result of the pandemic and will not become available until August or later, members will begin their work before that time. Many expected Florida to receive two additional congressional seats, but at this time, it looks like the state is set to receive just one, which could potentially bring legal challenges. The process leading up to the 2022 election should be interesting and eventful for Florida and the nation.

Florida lawmakers convened in Tallahassee yesterday to kick off the 2021 legislative session. The official start followed weeks of preparation, with lawmakers periodically holding interim legislative committee meetings since the beginning of the year to discuss and debate various policy and funding matters on tap for session. Events began with Governor Ron DeSantis giving his annual State of the State address, followed by Senate President Wilton Simpson (R-Trilby) and House Speaker Chris Sprowls (R-Palm Harbor) convening ceremonial kick-off sessions and giving opening speeches before the Florida Senate and Florida House of Representatives.

Last year’s session wrapped up in March 2020, just as the world was experiencing the onset of the COVID-19 pandemic. In the months following, the impacts of the pandemic were felt throughout the state and around the world. Florida, one of the most popular tourism locations in the country, saw annual visitor totals cut by about one third. While ultimately, the economic impacts have not been as severe as predicted, the state still faces a looming budget shortfall of more than $2.7 billion as lawmakers are set to craft a state budget for the coming year. Even this, however, stands to change. The actual total deficit the state will face is largely dependent on the next round of federal aid.

There were numerous new members sworn into the legislature following last year’s general election, and President Simpson and Speaker Sprowls were officially sworn into their leadership positions for the next two years. While other parts of the country flipped to blue during the 2020 general election, Florida essentially went from red to redder. Florida Senate Republicans flipped one seat from blue to red, Florida House Republicans flipped five seats, and even two of Florida’s 27 congressional seats were flipped from blue to red (in addition to three open Congressional seats being secured by Republican candidates). This Republican stronghold is already evident this session, with proposals filed to implement or expand conservative policies like liability protections for businesses and hospitals, and school choice programs, among others.

Leadership

It is generally more common to see sweeping policy measures passed in a non-election year. Policy changes may be even more prevalent than usual this year, given the budget constraints and economic downturn resulting from the pandemic.

Governor Ron DeSantis has worked tirelessly for Florida throughout his time in office – and has emerged as a strong leader for the state. The Governor released his budget recommendations to the legislature last month. Considering that a record $1 billion was vetoed from the 2020-2021 state budget after session wrapped up last year, it was surprising to see the Governor’s recommendations totaling $96.6 billion – $5 billion more than his recommendations last year and over $4 billion more than the final budget signed into law after last year’s lengthy veto list.

This session, the Governor is making a strong push for substantive changes to state laws relating to big technology companies, as well continuing efforts to stave off foreign influence and espionage in Florida organizations. The Governor, along with Speaker Sprowls, is pushing a proposal to combat efforts by China and other countries to steal intellectual property from U.S. businesses and education institutions. The legislation would implement stricter vetting procedures and increase safeguards against foreign influence.

The Governor has also come out strong against five large technology companies that censor user activity and content with, many believe, the intent to impact U.S. elections. This is in direct response to the 2020 presidential election, where sites like Facebook and Twitter censored various forms of news and media that were most often in support of Republican candidates and policies. The Governor, with the support of President Simpson and Speaker Sprowls, wants to allow states and individuals to sue these tech companies for their censorship policies. The five “tech giants” called out by state leaders are Facebook, Twitter, Google, Apple and Amazon.

Leaders are crafting legislation for consideration this session to impose regulations and restrictions on the tech companies, including allowing the Florida Elections Commission to levy substantial fines for censorship and suppression of candidate information. It’s possible this legislation will raise alarms with other large companies, outside of the aforementioned five, who will be looking to be held harmless.

Governor DeSantis and other state leaders are also supporting legislation to amend state election laws and place more regulations on vote-by-mail practices.

On the Senate side, recent activities and statements have indicated a shift in the upper chamber toward more conservative policies. In previous years, the House has been the staunchly conservative chamber, while the Senate is typically more in the middle on partisan issues. However, President Simpson has outlined a solidly conservative agenda, with proposals for expanding school choice and cracking down on certain election policies, as well as a willingness to consider placing limits on medical marijuana (a move blocked by the Senate in recent years). President Simpson has two major education priorities this session – one to overhaul Florida’s voucher programs, and the other to make substantive changes to the state’s Bright Futures scholarship program.

Legislative leaders in both chambers have also highlighted liability protections for businesses and health care providers as one of their highest priorities this session, with President Simpson mentioning the issue in his opening remarks. Simpson is also supporting a controversial push in the Senate to move state workers away from the traditional pension system and into investment plans, highlighting the $36 billion unfunded liability currently facing the state. Under the plan, the change would apply to new employees only (those hired after July 1, 2022).

On the House side, Speaker Sprowls addressed his chamber yesterday and highlighted numerous legislative priorities, including support for workforce education programs. Sprowls remains a staunch conservative and will be a strong force leading the House for the next two years.

While efforts have been fairly collaborative between the legislative and executive branches to this point, differing priorities will most likely bring some contention between officials over the next 60 days.

Budget

The full reality of the pandemic was just setting in as lawmakers passed a $93 billion legislative budget last year. By the time the spending plan was sent to the Governor and worked through the veto process, a record total of $1 billion had been cut. Discussions that followed regarding this year’s budget were bleak at best. Even as revenue reports over the past few months have surpassed expectations, lawmakers have remained clear – the budget is tight, federal dollars are a temporary luxury, full recovery will be slow, and reserve funding is critical.

The anticipated budget shortfall for fiscal year 2021-2022 totals more than $2.7 billion. This is as a result of decreased revenue collections and rising health care costs, with the state’s already-massive Medicaid program only growing larger as a result of the pandemic. At this point, these issues could be addressed by federal dollars if the Biden administration extends federal pandemic Medicaid funds through the end of next year. That would cover new Medicaid enrollees, and work to fill the budget shortfall currently looming over the appropriations process. Presently, it remains unclear exactly what the state budget picture will be.

Choosing an optimistic approach, Governor DeSantis released his record $96.6 billion spending plan last month. Highlighting state revenue collections at more than $800 million above estimates made late last year, the Governor is looking to invest in Florida, with calls for additional increases in education spending, boosts in spending on workforce education programs, and large investments in programs that address environmental issues. The Governor’s plan is more than $4 billion above the current state budget, but factors in federal funds for spending related to the pandemic.

Legislative reaction to the Governor’s plan has been mixed, with Senate lawmakers aiming for a more conservative spending approach. Senate Appropriations Chair Kelli Stargel (R-Lakeland) recently expressed plans to “prepare for the worst and hope for the best,” pointing out that even with revenue collections higher than expected, the state will still begin the next fiscal year with a significant shortfall. In fact, legislative leaders have hinted at possible cuts to programs that are typically untouchable, including education and health care.

On the education front, the Governor calls for a $285 million increase in funding for public schools. However, there are nearly 90,000 less students enrolled in Florida public schools than prior to the pandemic. When writing the state budget, less students means less funding. This is something lawmakers will work extensively to address during the budget process.

Another big component of this year’s budget discussions is a $1 billion proposal by Governor DeSantis to create the “Resilient Florida” program. Under the program, the state would provide (through bonds) grant funding to local governments to combat the effects of rising sea levels. While this issue is a priority for House and Senate leaders as well, the Republican-led legislature is reluctant to incur the debt, particularly in such a volatile and uncertain economic time.

Late last week, Speaker Sprowls introduced his own environmental spending proposal, with the plan eventually allocating $100 million annually for a sea level rise program. This is significantly less than Governor DeSantis’ plan, but shows that addressing the issue is a priority for all state leaders. We expect this to be a key issue discussed and debated throughout the budget process, and it could become an issue for negotiation during budget conference. This is an issue Republicans see as important to Florida’s electorate and to the economy.

A proposed change to online sales tax collections will also be one of the bigger issues addressed this session. The proposal would require out-of-state online retailers to collect sales taxes when Floridians make purchases online. This would bring fairness to the Florida market. If passed, the measure could potentially net the state more than $900 million in additional tax revenue in the next fiscal year alone, and more than $1 billion in the years following. This could also bring significant local revenues, with estimates showing more than $200 million annually for local governments, if the measure is passed.

Liability Protections

One of the biggest priorities for state leaders in recent months has been protecting Florida businesses and health care providers from legal liabilities due to the pandemic. There are multiple proposals moving through both chambers. The House legislation for businesses has already passed through the committee process and is set to be taken up for initial reading on the House floor this week. The Senate version of the legislation was heard in its last assigned committee yesterday. The bills aim to make it more difficult to sue a business for issues or situations related to COVID. Up until today, the business protection measures have moved pretty smoothly through the session process, while the health care proposals have proven to be much more complex and contentious. However, yesterday Senator Jeff Brandes (R-St. Petersburg) announced plans to amend the Senate business liability plan to include health care protection measures as well.

While both chambers are looking to pass protections for hospitals and doctors, as well as nursing homes and assisted living facilities, the House and Senate plans differ on how the claims against these organizations are defined, as well as how long the legal protections should be in effect. While leaders were hoping to move these bills as quickly as possible through the session process, this will likely be a heavily debated issue in the weeks to come.

Education

One of the most widely discussed issues among lawmakers leading up to the start of session has surrounded the nearly 90,000 “missing” children who were enrolled in public school prior to the pandemic and are now not enrolled in school at all – at least, not according to information previously released by school districts. While many of these students are likely now being homeschooled or attending private school instead, it is not yet known how many are simply not accounted for.

Florida’s K-12 schools rely on state funding on a “per student” basis for face-to-face instruction. However, when large numbers of students transitioned to remote learning during the pandemic, the state allowed for districts to keep their funding, based on projections rather than actual attendance, as long as they were at least providing full-time, in-person instruction as an option. As lawmakers look ahead to crafting a budget while facing a shortfall, the decision of what to do about funding for those 90,000 “missing” students is posing a big question.

Last month, Speaker Sprowls sent a formal letter to state superintendents expressing that the allowance for funding based on projections rather than actual face-to-face student learning should be ended, and that funds should instead be based on “actual enrollment.” This will likely be a key issue discussed and debated in the coming weeks and throughout the process of crafting a state budget.

On the policy side, each year, lawmakers consider large proposals relating to K-12 education in Florida. Governor DeSantis has consistently expressed his support for increased K-12 funding, seeing success last year on his push for increased teacher salaries, as well as school choice and voucher programs. President Simpson and Speaker Sprowls are also big advocates for school choice, and there are many proposals on the table for consideration this session. The Senate has introduced a comprehensive bill to expand eligibility for voucher programs and allow parents to utilize taxpayer-funded education savings accounts for their children to attend private schools – a big priority for President Simpson. The Senate legislation would also condense state voucher programs into two main scholarships.

Democrat lawmakers are pushing for changes in accountability for students in light of the pandemic. The legislation, filed in both chambers, would prohibit standardized test scores from counting against students. The state recently announced that it was granting schools additional time for standardized testing this year. In addition, lawmakers are considering a proposal to allow for parents to have their K-8 students retained, given the upheaval of their typical learning procedures.

In addition, Speaker Sprowls has highlighted early literacy as a key priority, and is pushing an initiative currently moving through the House to provide free books to elementary students who struggle with reading in Florida.

On the higher education front, President Simpson is making it a priority to overhaul the state’s Bright Futures scholarship program. The proposed changes would tie funding to degree programs, and base financial awards on whether or not the degree a student is pursuing will lead directly to a job.

Environmental Matters

Environment and water issues in Florida have been a major priority for Governor DeSantis, who committed to providing a total of $2.5 billion in environmental spending over his first four-year term. Senate and House leaders have also expressed commitment to resolving Florida’s water problems and focusing budget efforts on various environmental programs.

This year, “resiliency” is the key issue on the environmental front for session, with Governor DeSantis proposing a comprehensive program, and President Simpson and Speaker Sprowls highlighting the issue as a priority for their chambers as well. The Governor’s plan to create the “Resilient Florida” program would provide substantial state grant money to state agencies and local governments to address issues resulting from rising sea levels. Senate lawmakers will consider a proposal to create a permanent statewide Office of Resiliency to be housed within the Governor’s office, as well as a task force to address issues and mitigate problems from rising waters going forward.

On the House side, Speaker Sprowls has introduced his sea level package, which would provide local governments with $25 million in the coming fiscal year, followed by $100 million annually in the years following to protect against flooding issues. Unlike the Governor’s plan, Speaker Sprowls does not rely on bonding as the funding source. Sprowls also supports proposals to provide tax incentives for property owners who elevate their homes to protect from sea level rise.

The Senate is also pushing a measure to expedite the development of water storage north of Lake Okeechobee in order to prevent further algae blooms.

Health Care

While health care issues have been at the forefront in previous legislative sessions, with sweeping measures passed to protect consumer and patient interests, this year’s proposals – at least at this point – are focused heavily on COVID-19, with liability protections for health providers and organizations being the primary initiative. However, there are other issues being presented. In an effort to protect against any future efforts to move to a completely government-funded (or single-payer) health care system, Senate lawmakers have proposed a constitutional amendment to require a two-thirds vote of the full legislature before such a system could be enacted in Florida.

Lawmakers are also moving legislation to combat COVID-19 vaccine fraud, with Speaker Sprowls highlighting the measure as a priority. The proposal focuses on scams relating to the vaccine and other health care equipment, including fraudulent websites offering the vaccine or other products for payment.

Lawmakers will also again consider legislation relating to telehealth in Florida. The proposal would authorize the Florida Agency for Health Care Administration (AHCA) to reimburse for telehealth services provided to patients under the Medicaid program.

Medical Marijuana

Since Florida voters passed a constitutional amendment in 2016 to legalize medical marijuana in Florida, state lawmakers have worked to create laws to implement the amendment language. The implementation bill, passed by the legislature in 2017, established a structure and process for growing, marketing, selling and prescribing medical marijuana in Florida. After repealing the ban on smoking medical marijuana in 2018, lawmakers have considered proposals to establish a limit on the level of THC allowed in medical cannabis products in the state.

The measure has generally been supported in the House and blocked in the Senate. This year, the House proposal to place a ten percent cap on THC has already been introduced. With Senator (and former House Representative) Ray Rodrigues (R-Estero) – who led the issue in the House for the past two years – now leading the charge in the Senate, the outcome could potentially be different this year. President Simpson has expressed more of an openness to a THC cap, but has stopped short of supporting the move, and has instead stated that he plans to watch the issue as it moves through the House.

This could become a very contentious issue this session. Opponents argue such a move would be detrimental to patients and would go against the original intent of medical marijuana legalization – a constitutional amendment overwhelmingly supported by Florida voters.

Transportation and Infrastructure

Two years ago, former Senate President Bill Galvano (R-Bradenton) passed his largest priority for session – the creation of a new, comprehensive rural transportation program in Florida. Known as Multi-Use Corridors of Regional Economic Significance (M-CORES), the project encompassed three expansive highway projects in rural areas of the state. M-CORES are now officially part of the Florida Department of Transportation’s (FDOT) Five-Year Work Program, and are projected to cost the state more than $100 million annually going forward (construction is set to begin in 2022). Democrat lawmakers in both chambers have announced proposals to remove the toll roads from state statute, essentially blocking the projects from going forward and freeing up the state dollars in a time of economic downturn. Proponents of M-CORES highlight the economic development opportunities where it is much needed – in some of the most rural parts of the state.

Just last week, President Simpson announced a proposal that could essentially upend the M-CORES program. The measure would essentially repeal the 2019 law creating the program, but would allow for two projects similar to those outlined in the previous plan.

Governor DeSantis’ spending plan calls to fully fund the Five-Year Work Program, which includes various highway construction, seaport, airport, and rail projects. However, state transportation officials recently either cut or delayed nearly 80 projects from the Program in effort to prepare for the budget shortfall. Officials have clarified that these are not active projects.

Lawmakers in both chambers will also consider comprehensive transportation packages this session, which outline FDOT’s legislative priorities for the year, and include matters relating to the state’s roadways, transportation policies, airports and seaports, among other issues.

Going Forward

There is much to be decided and much at stake in the legislature in the coming months, with critical state policy and funding issues up for discussion. As of this writing, members have already filed nearly 3,000 bills for consideration this session. The number of bills that will actually be heard and moved through the process, however, will be much smaller. Typically, only about 200 bills pass completely through the legislative process by the time session wraps up.

In the coming weeks, lawmakers will hopefully receive more clarification on the state’s budget situation. Members will continue to hear various policy proposals relating to a wide array of topics affecting the state. In addition, appropriations subcommittees will continue to meet and craft their individual budgets, each of which will make up sections of the overall budget plans approved by the House and Senate. Once those plans are passed, the two chambers will go into budget conference, where negotiations are made over differences between the two spending plans. Once a comprehensive budget is agreed upon and passed by both chambers, it will be sent to the Governor for his consideration. The budget conference process typically happens during the last two weeks of session.

The 60-day session is scheduled to wrap up on Friday, April 30th.

Today marks the first day of Florida’s legislative session. To mark the occasion we’ve included the video from our annual Political Preview held live on Zoom last week. Thank you again to our co-host Tucker/Hall and our panelists, Mary Ellen Klas, Jim Saunders and Peter Schorsch. Best wishes to Governor DeSantis and the Legislature for a safe and productive session.

JACKSONVILLE, Fla. (February 2, 2021) – The Fiorentino Group (TFG) today announced that it has named Davis Bean as a principal with the government relations and business development firm.

Bean utilizes his skills in legislative affairs and policy development to create strategies to assist TFG clients with appropriations, agriculture, local governmental matters, economic development and education issues. He also aids in development and implementation of the firm’s strategic marketing activities.

“I am so pleased that Davis is taking the next step in his career as a leader within our firm,” said TFG President and Founder Marty Fiorentino. “He is a smart and talented advocate who has delivered outstanding results for our clients. I look forward to watching him continue to grow as one of Florida’s leading public affairs professionals.”

Davis Bean has been named a principal at The Fiorentino Group.

Bean got his start in politics in Polk County, serving as campaign manager for State Senator Kelli Stargel. Prior to joining TFG, Bean served as the top aide to State Representative Cord Byrd. He earned a bachelor’s degree in Political Science and a master’s degree in Management from the Warrington School of Business at the University of Florida. While at UF, Bean was tapped into Florida Blue Key, the oldest and most prestigious leadership honorary in the State of Florida. Prior to graduation he was inducted into the University of Florida Hall of Fame for outstanding commitment to improving the University of Florida. Recently, Bean was named as a “Rising Star” in Florida politics by Influence Magazine.

About The Fiorentino Group (TFG): TFG is a full-service government relations and business development firm with offices in Jacksonville and Tallahassee. The firm provides a broad range of consulting services to Fortune 500 companies and other highly regarded organizations looking to influence public policy and create new business opportunities. Founded in 2002, we are distinguished by our unparalleled relationships with decision-makers, our work in complex issues and our more than 50 years of combined experience in state, local and federal government relations. For more information, please visit www.thefiorentinogroup.com.

Media Contact:
John Finotti, Tucker/Hall
904-493-5006 (office)
904-891-3867 (mobile)
jfinotti@tuckerhall.com

(From l-r) Tammy LeMaster and Tiffany McKinley are now shareholders at The Fiorentino Group.

JACKSONVILLE, Fla. (May 21, 2020) – The Fiorentino Group (TFG) today announced that chief operations officer Tammy LeMaster and vice president Tiffany McKinley have been named partners and shareholders in the government relations and business development firm.

Founded in 2002, TFG provides a broad range of consulting services to clients looking to influence public policy and create new business opportunities, with decades of experience in state, local, and federal government relations and new business development. The firm represents a wide array of clients at all levels of government, including transportation, healthcare, telecommunications, education, nonprofits, and development and construction interests, among others.

“I cannot think of more dedicated and better friends to have as partners. The professionalism and integrity they bring to our clients and the firm is exceptional. Tammy and Tiffany bring years of experience managing the firm’s operations and development, without which our growth and success would not have been possible. I look forward to continuing to work side by side with them for years to come,” said TFG President and Founder Marty Fiorentino.

LeMaster and McKinley join Fiorentino and principals Joe Mobley and Mark Pinto, Jr. as shareholders in TFG.

Tammy LeMaster has been with TFG since its founding and is responsible for all operating and financial aspects of the firm. She provides guidance and leadership on all operational and financial aspects of the firm. She currently serves as Director of Finance and Operations for D’Alessandro Inc., a national non-profit fundraising consulting business.

“As someone who has been with TFG from the very beginning, this is an exciting time for the firm and for me,” said LeMaster. “Our reputation for excellence in government affairs and business development is unmatched, and I am thrilled to be a part of the next generation of the firm’s leadership.”

Tiffany McKinley joined TFG in 2006 following a White House internship and service in Governor Jeb Bush’s administration. She provides support to the lobbying team and its clients by managing firm issues and priorities, including client relations, business development and legislative activities. Throughout her time with the firm, Tiffany has developed a unique understanding of state policy and appropriations, as well as the state budget.

“The team at The Fiorentino Group is second to none.  We have a long list of accomplishments on behalf of our clients, and I’m proud to be part of such an amazing, results-driven company.  I’m excited to take the next step with the firm and continue building our business while delivering successful results for our clients,” said McKinley.

About The Fiorentino Group (TFG): TFG is a full-service government relations and business development firm with offices in Jacksonville and Tallahassee.  The firm provides a broad range of consulting services to Fortune 500 companies and other highly regarded organizations looking to influence public policy and create new business opportunities. Founded in 2002, we are distinguished by our unparalleled relationships with decision-makers, our work in complex issues and our more than 50 years of combined experience in state, local and federal government relations. For more information, please visit www.thefiorentinogroup.com.

Media Contact:

John Finotti, Tucker/Hall

904-493-5006 (office)

904-891-3867 (mobile)

jfinotti@tuckerhall.com

Florida lawmakers officially wrapped up the 2020 legislative session Thursday afternoon. Despite getting off to a fairly typical start, the final two weeks of session were definitely ones for the history books, with a late budget conference that ultimately stretched over two separate weekends, members sparring over divisive policy and appropriations issues, and session being extended nearly a full week to meet state budget process requirements. Not surprisingly, efforts during the final weeks of session were consumed with the novel coronavirus, or COVID-19, and the impending impacts of the pandemic to the state and the nation as a whole. This has not been an easy matter for members to address. There is still more unknown than known about this virus. At this time, no one can predict the extent of its impact, and in the final days of session, lawmakers were faced with trying to determine how to allocate necessary state funding to adequately meet the response statewide, as well as meet the needs of the people and businesses of Florida – whatever those needs may ultimately be.

Session efforts culminated with final budget votes Thursday, followed by a press conference with Governor DeSantis, Senate President Bill Galvano (R-Bradenton) and House Speaker Jose Oliva (R-Hialeah). While leaders kept it light, with each expressing gratitude for the leadership of the others in what ended up being a tough session, there was undoubtedly an undertone of uncertainty about what is to come. At this point, no one can rule out the possibility of an eventual return to Tallahassee to readdress state funding and spending matters as the full impact of this pandemic plays out in Florida and around the world.

Session Focus

Lawmakers kicked off the session as scheduled in January, with members following the recent policy of meeting two months earlier than usual during election years. While legislators attempted to get an early start on the budget as well, it became clear in the final weeks of session that the process had stalled. This was initially due to differences in leadership priorities, but ultimately became a result of the current global pandemic. Once members were ready to set allocations and move forward with crafting a budget, the process became completely overshadowed by what had once been a threat and was now a reality. COVID-19 had reached the State of Florida.

There were some bills that members worked on extensively but ultimately did not pass through the chaotic end of session, including a school safety package and a sweeping higher education proposal. Members did, however, pass substantive measures relating to school choice in Florida, a system for combatting illegal immigration, two key health care measures, and comprehensive environmental regulation bills, among other measures. With regard to the budget, members began budget conference the weekend of March 7, but didn’t complete their efforts on the state spending plan until this past Sunday evening. Due to a required 72-hour “cooling off period,” members had to wait to take a final vote once the budget was completed. As a result, while all policy matters were completed by the scheduled end time on Friday, March 13, members had to extend the session end date by nearly one week, reconvening in Tallahassee on Thursday to make a final vote on the budget and officially end the 2020 legislative session.

Leadership

Governor DeSantis began the session with a very high approval rating, at more than 60 percent. His priorities for session included a sweeping plan to increase teacher salaries in Florida, labeling 2020 as the “Year of the Teacher.” Both the House and Senate gave tepid support to the proposal early in the process, although legislative leaders had different ideas for how to provide the boost in compensation. The Governor also pushed for continued increased spending on land conservation and water quality projects, maintaining his commitment to provide record funding for Florida’s environmental programs during his first term as Governor. In addition, he has been a strong proponent of utilizing the controversial E-Verify system as a method to combat illegal immigration – an issue that would be one of the biggest and most debated of the 2020 legislative session – and ultimately saw success. Overall, despite the session wrapping up on a dark note under the shadow of COVID-19, the Governor was seen as a strong leader and had a largely successful session, with many of his policy and appropriations priorities successfully passed.

On the legislative side, President Galvano opened session with the call for a civil process between lawmakers, rather than setting an agenda for session. However, some of his priorities included school safety legislation, gaming, and increased regulation of firearms in Florida. While the school safety legislation ultimately died and lawmakers had little appetite for gun bills, President Galvano’s longtime and key priority – comprehensive gaming expansion in Florida – certainly cannot be ruled out at this point. There has been talk in recent weeks about a potential special session to pass a gaming measure. That may be more possible now than ever as the state looks at an increased need for revenue.

This year, Speaker Oliva remained focused on keeping Florida’s health care market competitive and transparent, and once again saw the success of two of his biggest health care priorities – expanding the scope of practice for Florida’s nurse practitioners and pharmacists. While these issues were heavily discussed and debated during the final days of session, once passed they were fast-tracked through the Governor’s bill signing process, with both measures already signed into law and set to go into effect on July 1, 2020.

2020-2021 State Budget

Florida House and Senate members convened in Tallahassee Thursday to make a final vote on the 2020-2021 state budget, with both chambers in unanimous support of the spending plan. After an initial delay in allocations in the final weeks of session – due to disagreements over leadership priorities, including Visit Florida, gaming and the Speaker’s health care proposals – the COVID-19 issue complicated things even further, throwing budget discussions into a spiral and leaving members to decide on an appropriate spending plan while also setting aside funds for an uncertain future. This past Sunday, members officially completed a $93.2 billion budget for Fiscal Year 2020-2021. The updated spending plan was revised late in the process to place around $300 million in state reserves in effort to prepare for the impending economic slowdown due to the current pandemic.

In addition to allocating the reserve funds, the budget passed by legislators for the coming year provides nearly $23 billion for K-12 education, including $500 million for increased teacher salaries – meeting the Governor’s call to increase the base teacher salary in Florida to $47,500 – as well as an increase in per-student spending. Of the funding passed for teacher pay, $400 million is allocated to increase the base salary, while the remaining $100 million will be used to ensure veteran teachers see increases in pay as well, a main concern of educator advocates during the session. In addition, lawmakers provided more than $350 million for Public Education Capital Outlay (PECO) projects. The funds are utilized by K-12 public schools, including charter schools, as well as public higher education institutions, for construction projects. Other higher education spending includes $15 million for the new Universities of Distinction program to highlight Florida’s nine pre-eminent universities.

The health care budget passed by lawmakers totals more than $39 billion, including $25 million for the Governor to utilize to combat the COVID-19 crisis, as well as more than $27 million in federal funds for other efforts relating to the pandemic. Members also came to terms on the controversial Visit Florida program, which will now be extended for an additional three years. Lawmakers provided an allocation of $50 million for the agency during the coming year. In addition, lawmakers allocated $690 million for water quality projects and $100 million for Florida Forever, the state’s land-buying program.

The 2020-2021 spending plan also includes a tax package totaling nearly $48 million, which members hope will boost money in reserves to prepare for future economic fallout. The original tax package was comprehensive and contained sweeping tax cuts to commercial real estate leases, aviation fuel tax and the communications services tax (CST), among others. The measure – which became one of the more contentious issues this session – was heavily amended between the two chambers and, at one point, totaled more than $230 million. What ultimately passed was a trimmed down plan that only includes direct-to-consumer relief like sales tax holidays for back-to-school shopping and hurricane preparation, but makes no cuts to the CST, commercial leases, aviation fuel tax, or other corporate taxes.

Legislative Initiatives

E-Verify

This controversial priority of Governor DeSantis was a key topic discussed and debated this session. While the original proposal would have required all businesses in Florida to utilize the E-Verify system to verify employee eligibility to work in the United States, what passed was a much different and much more scaled down measure. After divisive debate among House and Senate members, legislators ultimately passed a measure that provides an option for employers to utilize E-Verify, or keep three years of records of documents used by employees when federal forms are completed. The bill also allows the Governor’s office to randomly audit businesses to make sure employee verification is taking place.

K-12 Education

Governor DeSantis made K-12 education his top priority this session, seeing successful funding of his call for increased base salaries for Florida teachers while also calling for expansion of school choice and state vouchers programs. In addition to teacher pay, members expanded Florida’s Family Empowerment Scholarship Program, adding around 10,000 students to the current total.

While the topic of school security has been at the forefront of education policy in Florida since the tragic Parkland shooting in 2018, members could not bring a comprehensive school safety measure to the finish line this session. The issue was outlined as a priority for President Galvano, with proposals to implement some of the recommendations of the Commission created after the tragedy in 2018. Members did, however, pass legislation to create a statewide panic alert system for Florida schools – a measure named for a victim of the Parkland Massacre.

There were also other education measures that did not see final passage this session, including a divisive proposal to allow voters to decide on eight-year term limits for school board members in districts throughout the state.

Higher Education

This year, Speaker Oliva called for comprehensive higher education reform, expressing concerns about spending practices at state colleges and universities and pledging to closely review and update spending on state scholarship programs. What resulted from the Speaker’s pledge was a higher education package that proposed to upend many aspects of the state’s current system. The proposal, sponsored by House Education Appropriations Subcommittee Chairman Randy Fine (R-Palm Bay) aimed to merge the state’s two newest public universities into bigger state schools, with the original bill merging New College of Florida with Florida State University and rolling Florida Polytechnic University in with the University of Florida. The proposal was then amended to merge both new schools into the University of Florida before being dropped altogether due to lack of support in the Senate. Chairman Fine also proposed updating some of the state’s scholarship programs for private schools, including tying the Effective Access to Student Education (EASE) program to income, eliminating about 65 percent of current recipients. This proposal was highly controversial and also died without passage due to lack of support in the Senate.

Members did pass legislation to allow Florida’s college athletes to receive compensation for their name, image and likeness, following suit of other states in opposition to the National Collegiate Athletic Association’s (“NCAA”) longtime ban on such endorsements. However, the legislation will not go into effect until 2021, giving the NCAA time to implement its own policy.

Health Care

Two of Speaker Oliva’s biggest session priorities – in his effort to combat what he calls the “health care industrial complex” in Florida – were successfully passed this session. Although the measures initially held up the budget conference process as leaders worked to barter and negotiate, ultimately the bill to allow Florida’s nurse practitioners to practice independently of doctors, and the bill to allow pharmacists to test and treat patients for the flu and strep were approved by both chambers and have already been signed into law by Governor DeSantis.

Members also passed a fast-tracked measure early in session to prohibit minors from obtaining an abortion in Florida without parental consent. That measure still needs to be sent to the Governor for his approval.

Marijuana

This year, once again, House members worked to establish a limit on the level of THC allowed in medical cannabis products in the state – a priority on the House side since 2018, when members repealed the ban on smoking medical marijuana. This year’s proposal met the same fate as last year’s measure, and ultimately died due to lack of support in the Senate.

Energy and Environmental Issues

Governor DeSantis remained focused this year on continued increased funding for environmental programs, including water quality and land conservation, and measures to set stronger pollution rules and increase penalties when sewage is spilled into state waterways. Lawmakers again met the Governor’s call both with funding and with policy, passing several measures to increase penalties for violations of environmental laws and implement numerous provisions relating to water quality in Florida.

Members also considered controversial proposals to provide the Governor with more power over state agencies, including transferring the Office of Energy from the Department of Agriculture and Consumer Services to the Department of Environmental Protection, moving control over state energy policy from Agriculture Commissioner Nikki Fried to the Governor. In addition, members considered controversial language to change the way the state’s DEP Secretary is appointed. Both measures failed this session.

Transportation

Every session members consider comprehensive transportation legislation that often ends up being heavily amended throughout the committee process, to the point it’s often referred to as a “transportation train.” This year’s bill included numerous provisions relating to high speed rail, airports, the state’s “Move Over Law,” the debt service cap on bonds for certain transportation projects, and child restraint laws, among numerous other provisions. Ultimately, as often happens, the bill became too bogged down and died without final passage through the session process.

Gaming

The topic of expanding gaming in Florida has been a long-debated one over the past several years, and has remained a high priority of Senate President Galvano. The issue was again on the table this session. However, once again the two chambers could not come to terms on a gaming proposal, particularly in the final weeks of session as so many new and critical issues came to the forefront.

However, leaders have not ruled out the possibility of members coming back for a special session to address the gaming issue, as the state works to negotiate an updated deal with the Seminole Tribe of Florida. This issue has been on a constant rollercoaster for several years. With the current deal proposed to the Tribe having the potential to net the state around $500 million each year, this issue is far from over, particularly as the state prepares for a significant economic slowdown and revenue shortfall. This was expressed by President Galvano during his post-session press statements on Thursday.

Going Forward

All eyes remain on state and federal leaders as the COVID-19 pandemic continues to shut down every part of the country. Its impact is currently being felt statewide, particularly in South Florida, which seems to be the hardest hit area of the state at this point. Governor DeSantis remains a strong state leader through this time, declaring a State of Emergency and taking new steps each day to stop the outbreak and allow health care officials to address the virus without being overrun.

Through all of this, the state’s legislative process will continue, with a total of 210 bills passed this session that will need action before the new fiscal year begins on July 1, which is when many new bills are set to take effect. At this time, the Governor has signed nine bills into law. Two bills are procedural and have been filed with the Secretary of State. The remaining 199 bills are still being finalized and prepared for sending to the Governor. These include the 2020-2021 state budget and budget implementing bill.

Once the Governor receives a bill, he has a total of 15 days to either sign it into law, veto it, or let it become law without his action. The budget is the only piece of legislation over which the Governor has line-item veto power. There is currently much uncertainty surrounding the budget. Many anticipate the vetoes will be significant this year given the likelihood of an economic slowdown or even a potential budget crisis as the result of COVID-19.

Our team is working continuously with state policy and budget leaders on session issues of importance for our clients. We will keep you up to date as matters progress, and will work closely with lawmakers as members explore the potential of possible special sessions to address budget matters and a potential gaming proposal.