JACKSONVILLE, Fla. (January 22, 2024) – The Fiorentino Group (TFG), a leading Florida government relations and business development firm, has added Melissa Langley Braude as a partner.

A Jacksonville native, Melissa joined the firm in 2014 to lead fundraising operations and quickly advanced to support lobbying efforts in Jacksonville and Tallahassee, becoming a principal prior to being named partner today.

“We are thrilled to officially welcome Melissa as a partner,” said Marty Fiorentino, TFG president. “She has consistently demonstrated the strategic acumen and unwavering commitment to her community that define a Fiorentino Group leader. I have no doubt she’ll continue to be an invaluable asset to our firm.”

Melissa graduated from Florida State University with a B.S. in Criminal Justice. Having a unique love for the city, she routinely gives back as a member of the Rotary Club of South Jacksonville and serves on the Board of Directors for The Allison Brundick Haramis Foundation, also known as Angels for Allison, a non-profit that works to provide financial support to parents who have lost a child.

“Melissa is an indispensable member of The Fiorentino Group,” said Allison Carter, Chief of Staff to Florida House Speaker Paul Renner. “I’ve watched her career blossom year after year in the legislative process as she has become a trusted advisor to her clients, colleagues, and elected officials alike. It’s exciting to see her many talents being recognized at TFG and I look forward to seeing what the future holds for her.”

In 2018, Melissa took a leave of absence from the firm for a stint in public service when she accepted a position in Washington, D.C. at the Corporation for National and Community Service as the Special Assistant to the Director of AmeriCorps State and National.

Nominated for her hard work and community contributions, Melissa was selected as a “Rising Star” by Florida Politics and Influence Magazine in 2022.

“Melissa’s keen understanding of Jacksonville and Florida’s overall political landscape gives her a unique skill set in servicing our clients,” said Joe Mobley, managing partner at TFG. “Her exceptional talent, coupled with an unrivaled work ethic, has been an integral part of our success and growth over the last decade.”

About The Fiorentino Group (TFG): TFG is 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.

JACKSONVILLE, Fla. (January 16, 2024) – The Fiorentino Group (TFG), a leading Florida government relations and business development firm, has named Davis Bean as its newest partner.

“When Davis joined us, he had a proven record of success in campaigns and as a legislative aide. He has since built on that success as an outstanding advocate for our clients and the issues that matter most to them. His political instincts and knowledge of the legislative process are exceptional,” said Marty Fiorentino, TFG president.

“Davis is an invaluable asset to The Fiorentino Group,” said Secretary of State Cord Byrd. “I know firsthand his ability to guide issues through the legislative process, using his keen insight and steady resolve to deliver positive results for the clients he represents. Davis’ promotion to Partner is a well-deserved recognition of his talent.”

Davis 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. Having served in state government, Davis provides key knowledge about the legislative process.

“Davis is part of the next generation of leadership both within our firm and in Florida’s political landscape,” said Joe Mobley, partner and managing shareholder at TFG. “His relationships and legislative insight have been key to our recent success. We are proud to elevate him within the firm to signify the trust and confidence placed in him by his colleagues and clients.”

Davis got his start in politics in Polk County, serving as Campaign Manager for State Senator Kelli Stargel. Prior to joining TFG, Davis 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, Davis 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. Davis was named a 2019 “Rising Star” in Florida politics by Influence Magazine and is a 2022 graduate of Leadership Nassau.

About The Fiorentino Group (TFG): TFG is 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 http://www.thefiorentinogroup.com/.

The Fiorentino Group Welcomes Earl Jones, Jr. to the Firm

JACKSONVILLE, Fla. (January 8, 2024) – The Fiorentino Group (TFG), a leading Florida government relations and business development firm, welcomes Earl Jones Jr., a veteran legislative staffer and a fixture in the Northeast Florida political scene, as a principal in their Jacksonville and Tallahassee offices.

“The Fiorentino Group represents the businesses and organizations shaping the future of Florida. I am excited to work alongside the rest of this talented team to strengthen relationships between our clients and decision makers, and achieve positive results for the people who have trusted us as their advocates,” said Jones.

“I am delighted to start 2024 with such a strong addition to The Fiorentino Group,” said Marty Fiorentino, president of the Fiorentino Group. “Earl’s experience and relationships in Florida politics will make him a valuable part of our team as we seek successful outcomes for our clients in the 2024 session and beyond.”

Jones previously served as Chief Legislative Assistant for Senator Tracie Davis and Representative Reggie Fullwood while they served in the Florida House of Representatives. In this role, he was responsible for drafting bills and amendments, managing legislation and appropriations projects throughout the legislative process, and working with a wide variety of constituents and stakeholders on a variety of federal, state, and local issues. Jones also cultivated strong relationships with elected, appointed, and other community leaders over his 13 years in public service.

Jones has been a mentor with Big Brothers Big Sisters of Northeast Florida and Take Stock in Children for eight years. He holds a bachelor’s degree in public health from the University of North Florida. Originally from New Jersey, Jones has made Jacksonville his home for more than 20 years. He resides in Jacksonville and is the father of one.

“I’m thrilled to know Earl Jones will be joining The Fiorentino Group to continue in the legislative process,” said State Senator Tracie Davis. “He brings years of experience to the team and his presence will be impactful and positive for our city.”

“After a decade of public service with the Florida Legislature, we are pleased to welcome Earl to the firm. His expertise and relationships will provide tremendous value to our clients and strengthen the coalitions we can build on their behalf,” said managing partner Joe Mobley.

About The Fiorentino Group (TFG): TFG is 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 http://www.thefiorentinogroup.com/.

Florida lawmakers wrapped up the 2023 legislative session yesterday with little fanfare, after approving a $117 billion state budget for the coming year.

In many ways, the scene for session was set last November, with general election results bringing a Republican supermajority in both chambers of the legislature and an historic win for Governor DeSantis. This essentially gave the Governor, House Speaker Paul Renner (R-Palm Coast) and Senate President Kathleen Passidomo (R-Naples) the political capital to set their agendas and see their priorities through to success, and resulted in a session that was anything but typical. Over the past 60 days, lawmakers have passed an unprecedented number of highly partisan, often contentious issues, and generally seemed to do so with ease. Relationships between leaders remained harmonious, with President Passidomo and Speaker Renner working well together throughout session.

Many of the measures passed this year were direct priorities of Governor DeSantis, with his influence over the session being stronger than perhaps any other Governor in recent history. These priorities covered some of the most substantive issues addressed by the legislature in many years, including curriculum at both the K-12 and higher education levels, certain medical treatments for minors, tort reform for private businesses, and changes to state gun laws, as well as a wide array of measures to combat “woke” policies in various public and private forums throughout the state.

Perhaps the biggest product of the Governor’s influence was the approval of legislation to clarify that Florida’s existing resign-to-run law does not apply to an official running for President. This clears the way for Governor DeSantis to officially announce his intent to run in the Republican Presidential Primary next year, which many anticipate he will do sometime this month.

2023-2024 State Budget

→ STATE SPENDING

With Florida’s post-pandemic tourism restored and sales tax collections continuously surpassing expectations over the past two years, Florida lawmakers kicked off this year’s session with a record surplus. This allowed members to utilize an optimistic approach to crafting the state budget for the coming year, with the final legislative spending plan totaling $117 billion – more than $2 billion more than the plan recommended by the Governor and around $7 billion more than the current year’s budget. The plan boosts funding for education and housing programs and allocates pay raises for state employees. Members were also able to dedicate additional funds for state reserves, resulting in a total of around $10.9 billion stored away in savings. The budget bill was also passed with an accompanying tax package, which includes a series of sales tax holidays and tax reductions, and provides billions in incentives for Florida consumers.

The state budget is the only item lawmakers are constitutionally required to pass each legislative session. It’s also the only item over which the Governor has line-item veto authority. Once all budget details are finalized, the plan will be sent to the Governor for his action.

Record Success on Leadership Priorities

Session kicked off in high gear this year, with leaders tackling some of the weightiest topics head on rather than holding the more divisive issues for the end of session. As a result, many top leadership priorities, including comprehensive tort reform and a massive expansion of the state’s school choice program, were passed and signed into law before lawmakers had even reached the midpoint of session. Provided below is an outline of leadership priorities and other matters addressed and passed by lawmakers this session.

→ ABORTION

Early in session, a controversial bill reducing Florida’s abortion limit from 15 weeks to six weeks’ gestation was passed by lawmakers and signed into law by the Governor.

→ DEATH PENALTY

In response to the gunman behind the Marjory Stoneman Douglas High School Shooting receiving a life sentence, lawmakers approved legislation this session to undo the state law requiring that juries be unanimous on death penalty sentences. The new law will allow for a death penalty sentence when eight out of 12 jurors recommend it.

Lawmakers also approved legislation allowing for death penalty sentences in certain cases of sexual assault against children under age 12. Both death penalty bills have already been signed into law by Governor DeSantis.

→ ECONOMIC DEVELOPMENT

Prior to budget conference, the House and Senate differed on state funding for Visit Florida, the state’s tourism marketing agency. While the Senate proposed an increase, the House was looking to eliminate the funding altogether. In compromise, the House met the Senate on Visit Florida funding, but in return, the Senate agreed to legislation to eliminate Enterprise Florida, the organization responsible for drawing businesses to the state. The powers and duties of Enterprise Florida will now be transferred to the Florida Department of Economic Opportunity (DEO), and the DEO will be renamed the Department of Commerce.

→ EDUCATION

K-12 education matters addressed by lawmakers this year ran the gamut, from increasing access to private schools, to changing school schedules, to limiting what can be taught in the classroom.

• SCHOOL CHOICE – Members approved an expansion of the state’s taxpayer funded voucher program, which will now allow all of Florida’s K-12 students to utilize state funds to attend schools other than traditional public schools. The average scholarship per student totals close to $8,000. This bill was signed into law and has already taken effect.

• EXPANSION OF 2022 LAW – Lawmakers also approved legislation to expand the law passed last year that prohibits schools from providing instruction on issues like sexual orientation and gender identity to students. While last year’s bill applied to students in kindergarten through third grade, this year’s law extends to students through the eighth grade.

• SCHOOL START TIMES – Legislation to change start times for Florida’s public middle and high schools – requiring that middle schools start no earlier than 8:00 a.m. and high schools start no earlier than 8:30 a.m. – was approved by lawmakers this week.

→ DISNEY FIGHT

Continuing the ongoing fight between Governor DeSantis and Disney, lawmakers approved legislation this week to allow for the undoing of last-minute measures recently passed by Disney’s outgoing board members. Lawmakers also added language to a state transportation package that will now require Disney’s monorail system to be inspected by the Florida Department of Transportation.

→ GENDER ISSUES

This was easily one of the most hot-button issues addressed this session, with a series of bills supported by leadership, heavily debated by Democrat members, and ultimately approved through the legislative process.

• DRAG SHOW BILL – Legislation prohibiting venues hosting adult live performances from admitting minors was recently approved.

• BATHROOM BILL – Legislation requiring public facilities to provide restrooms and changing rooms for exclusive use by males or females based on their sex at birth was approved this week. While an earlier version of the bill included private businesses, that language was removed before passage.

• MEDICAL TREATMENTS FOR MINORS – After a long and tumultuous journey through the legislative process, a bill that will make it a felony for Florida doctors to provide gender-related medical treatments to minors in Florida was approved by lawmakers this week.

→ GUNS

Lawmakers worked early in session to pass a “Constitutional Carry” bill, which strikes the previous requirement that gunowners must have a permit to legally carry a concealed weapon. The current process and restrictions in place for purchasing a gun in Florida remain unchanged. This bill has been signed into law.

→ HIGHER EDUCATION

This session, leaders placed a key focus on addressing what they see as problematic “woke” practices at Florida’s higher education institutions.

• POLITICAL LOYALTY – Legislation to prohibit state colleges and universities from requiring students and new hires to pledge or commit to certain political beliefs or ideologies was approved by lawmakers and is now headed to the Governor.

• DEI – Heavily-debated legislation to prohibit Florida colleges and universities from utilizing state dollars for Diversity, Equity and Inclusion (DEI) programs was also approved.

→ HOUSING

A bill to combat the state’s housing crisis and provide incentives for private investment in affordable housing was heavily supported by President Passidomo and approved by lawmakers and the Governor earlier in session. Members also approved legislation to allow the state to preempt local regulation of rental housing agreements.

→ IMMIGRATION

On Tuesday, lawmakers approved a wide-ranging immigration bill, which was one of the highest priorities of Governor DeSantis. The legislation requires businesses with 25 or more employees to utilize the federal E-Verify system to check the immigration status of employees. E-Verify is a U.S. Department of Homeland Security website utilized by businesses to determine if their employees are eligible to work legally in the United States. The bill also calls for the creation of a tracking system to monitor the costs of health care services provided to illegal immigrants in Florida hospitals.

→ INVESTMENTS

Leaders made passing legislation prohibiting investments using “woke” ratings based on environmental, social and governance (ESG) standards an early priority. Under the measure, state and local government investment decisions must be based solely on financial factors, without consideration of social factors or issues. The bill also affects government contracting, and prohibits state and local governments from considering social or ideological beliefs when hiring vendors. Lastly, the legislation prohibits financial institutions from providing or denying services based on political beliefs or affiliations. This bill was signed into law by the Governor this week.

→ KIDCARE EXPANSION

Legislation to expand KidCare, the state’s program that provides subsidized health coverage to children in lower-income families that do not qualify for Medicaid, was approved this week. The new law will expand availability of the program to families who make up to 300
percent of the federal poverty level (prior to the change the threshold was 200 percent). This issue was a priority for Speaker Renner.

→ PRESCRIPTION DRUGS

Fulfilling another priority of Governor DeSantis, lawmakers approved legislation to increase state regulation of Pharmacy Benefit Managers (PBMs), which serve as third party administrators of prescription drug programs.

→ TORT REFORM

Members placed early focus this session on passing comprehensive Tort Reform legislation, which provides private businesses with protections from expensive lawsuits, and amends state law relating to comparisons of fault in lawsuit cases. Prior to the passage of this bill, state law required that damages in a lawsuit be awarded based on the percentage of fault assigned to each party. The new law instead provides that a defendant must be at least 51 percent at fault to be required to pay damages in a lawsuit. This legislation was passed and signed into law in March.

Going Forward

The legislative process will continue over the coming weeks as measures approved by lawmakers are finalized and prepared for delivery to the Governor. Ultimately, out of nearly 1,900 bills filed, 356 passed successfully through the session process this year. At this time, 24 bills have been signed into law by Governor DeSantis. None have been vetoed thus far.

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. As previously noted, the budget is the only piece of legislation over which the Governor has line-item veto power. Our team is working continuously with state leaders on policy and appropriations issues that were approved during session and are headed to the Governor’s desk.

Once all 2023 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 2024 is an election year.

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.

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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.