Posted in Florida Legislature, Politics

Update on The Florida Special Legislative Session

What happened in the past week

The Special Session has come to an end with final resolution on all bills filed last week.

Here’s the quick version.

Emergency Response Bill

HB 1B/SB 2B – Creates Local Government Emergency Bridge Loan Program within DEO, subject to appropriation; provides program’s purpose; specifies program eligibility requirements; authorizes DEO to provide interest-free loans to eligible local governments through specified means; provides for expiration of program; provides appropriations.

Current Status

This Bill has been signed and presented to the Governor. This replenishes the Emergency fund with another $700 Million for much needed emergency relief for Floridians affected by natural disasters, particularly Hurricanes Ian and Nicole in 2022. Florida Residents on the west coast are still recovering from the devastation of these two storms.

Statewide Prosecutor

HB 3B/SB 4B – Statewide Prosecutor Specifying that certain crimes facilitated by or connected to the use of the Internet occur in every judicial circuit within the state; authorizing the Office of Statewide Prosecution to investigate and prosecute crimes involving voting in an election for a federal or state office, voting in an election on a referendum, an initiative, or an issue, the petition activities for a federal or state office, the petition activities for a referendum, an initiative, or an issue, or voter registration, etc.

Current Status

This bill is also headed to the Governor’s office for signature. The impact of this bill is to allow the State Attorney General’s office to establish an office to prosecute election related crimes.

Transportation of inspected Unauthorized Aliens

HB 5B/SB 6B – Transportation of Inspected Unauthorized Aliens; Creating the Unauthorized Alien Transport Program within the Division of Emergency Management to facilitate the transport of inspected unauthorized aliens within the United States; authorizing the division to contract for services to implement the program; authorizing the division to adopt rules to implement the program; providing for future expiration, etc. APPROPRIATION: $10,000,000

Current Status

Also passed and on its way to the Governor for signature is SB 6B, allowing Florida taxpayers to fund transportation of unauthorized aliens from anywhere in the United States to another state. This modifies previous legislation that funded transport only from the State of Florida.

Intercollegiate Athlete Compensation and Rights

HB7B/SB 8B – Revising requirements for athlete agents representing intercollegiate athletes for certain purposes; deleting requirements regarding the compensation that intercollegiate athletes may receive; deleting certain requirements for postsecondary educational institutions whose intercollegiate athletes seek to earn compensation or to have professional representation; requiring a postsecondary educational institution to conduct at least two financial literacy, life skills, and entrepreneurship workshops under certain conditions, etc.

Current Status

Also, on its way to the Governor is the bill on Intercollegiate Athlete Compensation and Rights. This is largely viewed as a bill that will keep Florida Universities competitive in attracting athletes to play here.

In the House – Local Bills only

9B – Reedy Creek Improvement District, Orange, and Osceola Counties

Reenacting, amending & repealing chapter 67-764, Laws of Florida, relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; renames district; provides boundaries; revises manner of selection of board of supervisors; provides term limits; revises board member compensation; revises powers of board; revises powers of district; provides for transition; provides for continued effect of stipulation between district & Orange County; provides exception to general law.

Current Status

Looks like The Reedy Creek Improvement District may soon become the Central Florida Tourism Oversight District. With the Governor’s expected signature, the newly named district will have a Board of Directors appointed by the Florida Governor.

11B – Sunshine Water Control District, Broward County

Codifying, reenacting, amending & repealing district charter; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; removes chapters 63-609 & 2021-255, Laws of Florida, relating to district; provides exception to general law.

Current Status

On to the Governor for signature

13B – Eastpoint Water and Sewer District, Frankly County

Reenacts, amends, & repeals special act relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; revises definitions; removes separate positions of board secretary & board treasurer; creates position of board secretary-treasurer; removes chapter 67-1399, Laws of Florida, relating to district; provides exception to general law.

Current Status

On to the Governor for signature

In the House

15B – Insurance

Creates Property Insurance Commission; provides for election of Commissioner of Insurance Regulation; revises homeowners’ eligibility criteria for mitigation grants; requires interests earned on insurance proceeds received by mortgagees & assignees to be paid to insureds; requires property insurers to cap premiums or to create sliding fee scales for premium rates; prohibits property insurers from using certain defenses as claims denials; revises requirements for risk assignment agreements; requires OPPAGA to conduct study of effectiveness of property insurance mediation program; increases appropriation to specified program.

17B – Eligibility for Medical Assistance and Related Services

Extends Medicaid eligibility to specified adults.

Current Status

Both Bills were refused to be introduced

Posted in Florida Legislature, Insurance, Politics

What’s in the 2nd Florida Special Session?

What I’m Watching This Week

What’s in the Special Session?

The bills have been filed and here’s what we are watching this week and next.

In the House and Senate:

Emergency Response Bill

HB 1B/SB 2B – Creates Local Government Emergency Bridge Loan Program within DEO, subject to appropriation; provides program’s purpose; specifies program eligibility requirements; authorizes DEO to provide interest-free loans to eligible local governments through specified means; provides for expiration of program; provides appropriations.

Statewide Prosecutor

HB 3B/SB 4B – Statewide Prosecutor Specifying that certain crimes facilitated by or connected to the use of the Internet occur in every judicial circuit within the state; authorizing the Office of Statewide Prosecution to investigate and prosecute crimes involving voting in an election for a federal or state office, voting in an election on a referendum, an initiative, or an issue, the petition activities for a federal or state office, the petition activities for a referendum, an initiative, or an issue, or voter registration, etc.

Transportation of inspected Unauthorized Aliens

HB 5B/SB 6B – Transportation of Inspected Unauthorized Aliens; Creating the Unauthorized Alien Transport Program within the Division of Emergency Management to facilitate the transport of inspected unauthorized aliens within the United States; authorizing the division to contract for services to implement the program; authorizing the division to adopt rules to implement the program; providing for future expiration, etc. APPROPRIATION: $10,000,000

Intercollegiate Athlete Compensation and Rights

HB7B/SB 8B – Revising requirements for athlete agents representing intercollegiate athletes for certain purposes; deleting requirements regarding the compensation that intercollegiate athletes may receive; deleting certain requirements for postsecondary educational institutions whose intercollegiate athletes seek to earn compensation or to have professional representation; requiring a postsecondary educational institution to conduct at least two financial literacy, life skills, and entrepreneurship workshops under certain conditions, etc.

In the House – Local Bills only

9B – Reedy Creek Improvement District, Orange, and Osceola Counties

Reenacting, amending & repealing chapter 67-764, Laws of Florida, relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; renames district; provides boundaries; revises manner of selection of board of supervisors; provides term limits; revises board member compensation; revises powers of board; revises powers of district; provides for transition; provides for continued effect of stipulation between district & Orange County; provides exception to general law.

11B – Sunshine Water Control District, Broward County

Codifying, reenacting, amending & repealing district charter; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; removes chapters 63-609 & 2021-255, Laws of Florida, relating to district; provides exception to general law.

13B – Eastpoint Water and Sewer District, Frankly County

Reenacts, amends, & repeals special act relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; revises definitions; removes separate positions of board secretary & board treasurer; creates position of board secretary-treasurer; removes chapter 67-1399, Laws of Florida, relating to district; provides exception to general law.

In the House – No Senate Companion Bill

15B – Insurance

Creates Property Insurance Commission; provides for election of Commissioner of Insurance Regulation; revises homeowners’ eligibility criteria for mitigation grants; requires interests earned on insurance proceeds received by mortgagees & assignees to be paid to insureds; requires property insurers to cap premiums or to create sliding fee scales for premium rates; prohibits property insurers from using certain defenses as claims denials; revises requirements for risk assignment agreements; requires OPPAGA to conduct study of effectiveness of property insurance mediation program; increases appropriation to specified program.

17B – Eligibility for Medical Assistance and Related Services

Extends Medicaid eligibility to specified adults.

Posted in Florida Legislature, Politics

Florida Legislature – Special Session Part Deux?

Here we are again with a Special Session of the Florida Legislature. What is on tap for this session?

In the Florida Senate, look for these topics in the Special Session:

Emergency Management – anticipate a bill to provide on-going relief and recovery for the communities continuing to be impacted by Hurricanes Ian and Nicole.

As reported in The Washington Post recently, while much of the state has moved on, the southwest portion of the state, particularly in the Ft. Myers area, is still in recovery mode.

https://www.washingtonpost.com/weather/2023/02/01/hurricane-ian-recovery-survivors/

Election Crimes

Also, in this special session we will see legislation “clarifying” the Office of Statewide prosecution jurisdiction to prosecute election crimes. You may recall that last year 20 people were arrested for election fraud – and the investigation showed that most of them THOUGHT they were voting legally. Pay attention to what happens with this bill.

Illegal Immigration

And then there is the clean-up of the illegal immigration bills. Remember that flight from Texas to Nantucket that Florida taxpayers funded last year? Lawsuits have been filed, grand juries have made recommendations; and this session will see a bill intended to clean up the loose ends and address the problem in this state.

Intercollegiate Athletics

And then, the important issue of how college athletes can be compensate for use of their names, images, and likenesses. It’s not clear why this needs to be in the Special Session and can’t be handled during the regular session where Senator Hutson already filed Senate Bill 200 to address the issue.

On the House side, there are a few local bills being addressed and Senator Hutson will be presenting these bills in committee for the Senate to discuss.

Look for bills on the Reedy Creek Improvement District – that’s the Disney Corporation’s special district that has been in hot discussion since last year’s challenge by Disney of Florida’s “anti-woke” legislation. At question is how to dissolve that special district without adversely impacting the local residents.

Posted in Florida Legislature, Politics

What’s Happening in the Florida State Legislature?

I’m watching the bills being proposed and making their way through the Florida State Legislature and will from time to time be highlighting bills of specific interest.

There are three bills I am watching that could have significant impact on our local elections. Registered voters should be aware of the potential impact if these bills make it through committee.

These three bills are House Joint Resolution (HJR) 31, Senate Joint Resolution (SJR) 94, and House Joint Resolution 405. These three bills have significant impact on future elections in Florida.

House Joint Resolution 405 is intended to eliminate any Open Primaries that could currently occur in the State of Florida.

Today, if all the candidates in a primary belong to one party, then all registered voters may vote in the primary for that office. This has resulted in cases of individuals filing to run as a “Write-In” candidate and thus closing the primary to only registered voters of the party.

Illustrative example, if the Primary candidates for County Commissioner are all Republican, then every registered voter may vote for one of those candidates. However, if a “Write-In” candidate appears on the ballot, only voters registered as a Republican can vote for the Republican candidates in the primary. If there are no Democratic candidates, then voters registered as Democrats are unable to vote for a candidate for Commissioner. Likewise, voters registered with No Party Affiliation, Libertarian, Green Party, or other “third parties” are unable to vote for a candidate.

Another component being addressed in HJR 405 is to eliminate non-partisan elections.

The proposed new language would be added to the ballot as a proposed Constitutional Amendment in the next General Election.

House Joint Resolution 31 and Senate Joint Resolution 94 are similar but specific to School Boards. These resolutions would require School Board Elections to be partisan. This would also require a Constitutional Amendment and would appear on the next General Election ballot.

Impact

Each of these bills has far reaching impact on voters who choose to have No Party Affiliation. These bills effectively disenfranchise voters who choose to be independent of a party affiliation.

In counties that are majority one party, whether it is Democrat or Republican, the elimination of Open Primaries disenfranchises all voters registered in minority parties. Where today they may be able to participate in a Primary with all candidates of one party; this law would prohibit their participation. If a county has 80% of voters registered in one party, 20% of voters would be unable to have a say in the Primary process.

All voters should be paying attention to these changes. Today, your preferred party may be the majority; ten years from now, that could change.

Details of the bills can be found at the bottom of this article.

House Joint Resolution 405 begins as follows:

House Joint Resolution

 A joint resolution proposing amendments to Section 5 and 6 of Article VI and Section 4 of Article IX and 4 the creation of Section 8 of Article VI of the State Constitution to provide that only qualified electors with the same party affiliation as a candidate for office may vote in the primary election for such office, to provide that candidates for office may not be prohibited from disclosing party affiliation or campaigning or qualifying for office based on party affiliation, and to prohibit exclusively nonpartisan elections.

House Joint Resolution 31 and Senate Joint Resolution 94 are similar but specific to School Boards. They read as follows:

“A joint resolution proposing an amendment to Section 4 3 of Article IX and the creation of a new section in Article XII of the State Constitution to require members of a district school board to be elected in a partisan election.

Be It Resolved by the Legislature of the State of Florida: 9 10 That the following amendment to Section 4 of Article IX and 11 the creation of a new section in Article XII of the State 12 Constitution are agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election or at an earlier special election specifically authorized by law for that purpose:”

ARTICLE IX

EDUCATION

SECTION 4.

School districts; school boards. —

(a) Each county shall constitute a school district; 20 provided, two or more contiguous counties, upon vote of the electors of each county pursuant to law, may be combined into one school district. In each school district there shall be a school board composed of five or more members chosen by vote of the electors in a partisan nonpartisan election for appropriately staggered terms of four years, as provided by law.

(b) The school board shall operate, control, and supervise all free public schools within the school district and determine the rate of school district taxes within the limits prescribed herein. Two or more school districts may operate and finance joint educational programs.

ARTICLE XII

SCHEDULE

Partisan election of members of district school boards. —This section and the amendment to Section 4 of Article IX requiring members of a district school board to be elected in a partisan election rather than a nonpartisan election shall take effect upon approval by the electors, except that members of district school boards may not be elected on a partisan basis until the general election held in November 2026. However, partisan primary elections may occur before the general election held on November 3, 2026, for purposes of nominating political party candidates to that office for placement on the 2026 general election ballot.

BE IT FURTHER RESOLVED that the following statement be placed on the ballot:

CONSTITUTIONAL AMENDMENT

ARTICLE IX, SECTION 4

ARTICLE XII

PARTISAN ELECTION OF MEMBERS OF DISTRICT SCHOOL BOARDS. — Proposing amendments to the State Constitution to require members of a district school board to be elected in a partisan election rather than a nonpartisan election and to specify that the amendment only applies to elections held on or after the November 2026 general election. However, partisan primary elections may occur before the 2026 general election for purposes of nominating political party candidates to that office for placement on the 2026 general election ballot.

Posted in Florida Legislature, Politics, St. Johns County

Update on the St. Johns County Legislative Delegation

What happened on Monday, December 19?

Monday, December 19, the St. Johns County Legislative delegation made up of Senator Travis Hutson, House Speaker Paul Renner, Representatives Cyndi Stevenson and Bobby Payne convened the annual legislative delegation at the County Administrative offices in St. Johns County. The full video and transcript are available at this link:

https://stjohnscountyfl.new.swagit.com/videos/191486

The morning started out with a packed auditorium. 52 speakers were registered to speak and many had supporters in attendance with them. The crowd dwindled as the morning went on. Once a particular topic had been covered, attendees left. Interesting to observe the lack of interest in the other topics being discussed.

I’ve tried to include all the topics covered but not each individual speaker as some were repeat topics.

Board of County Commissioners Chair, Christian Whitehurst, began the line-up, as host to the delegation. He emphasized the county legislative priorities around transportation, recreation, and coastal resiliency and expressed appreciation for the record funding back to St. Johns County in the 2022 session.

School Superintendent Tim Forson raised concerns about teacher pay. He noted that the increase in starting salaries was a positive move forward but there needs to be funding and improvement in veteran teacher salaries. He also asked to consider modifying the retirement and rehiring stipulations. Currently there is a required gap in service before teachers can come back into the system. Removing that required gap could address the shortage. Other speakers throughout the day raised this concern.

St. Augustine Mayor, Nancy Sikes-Kline raised the cities concerns and need for funding transportation, resiliency, and affordable housing. She emphasized support for home rule and asked that they resist tying the hands of local government around short-term rentals. This would be a recurring them during the day.

County Clerk of the Court, Brandon Patty talked the need for a “needs based budget” pointing out that the St. Johns County Clerk of the Court office is one of the least funded per capita in the state. Also raised was a concern that the focus at the state level on scrutinizing investments in ESG focused companies should trickle down to the local governments.

Joe Pickins, the President of the St. Johns River State College noted that over the last two years, Florida College system institutions have received over $201 million in capital funding, while St. Johns River State College received $0 dollars.  Over that same 2 year period, other colleges in the state have received $53 million in recurring funding while St. Johns River State College has received $0 dollars. They are now asking for $12.5 million in recurring funding for the school.

Nicole Crosby spoke and asked for the repeal of Senate Bill 1078, a bill that passed in the 2022 legislature and changed the qualifications for members of the Soil and Water District Board members.

Matt Cine from the St. Johns County Sheriff’s office asked for consideration of modifying the Florida State statute around golf cart licensing and requested that rules for driving a golf cart mirror that for driver’s licenses, moving the age to drive a golf cart to 16. They noted that the biggest complaint they get from golf cart communities are related to 14 and 15 year olds driving the the golf carts and the second is speeding golf carts. Combine the two and you have a very dangerous situation. Representative Payne asked if there were similar concerns around electric bikes and Mr. Cline noted that is a rising concern and they anticipate coming back with a request around electric bike rules in the next session.

Patty Greenough, representing EPIC and the St. Johns County Behavioral Health Consortium asked for continued funding for the Residential Treatment beds in SJC and to continue support for the many mental health needs in St. Johns County.

Carlton de Vooght from Flagler Health talked about the success they have had with mental health treatment for youth. They are now seeing 90% of youth seeing treatment being seen within 30 days which is a significant improvement. They would like to see this program expanded into other parts of the state.

Representatives from Ponte Vedra Beach (PVB) talked about traffic issues in PVB and the need for continued beach renourishment. There was emphasis that beach renourishment is not just for the residents of the beach. Our SJC beaches bring in tourism dollars that benefit the entire county.

Speaker Renner commented that in the special session they had just appropriated $150 Million for beach renourishment and some of that would be coming to St. Johns County. He also noted that St. Johns County is in much better shape than some other counties because our county commissioners have been very proactive around protecting our beaches.

Michael Scine, representing the St. Johns County Chamber of Commerce noted concern for affordable housing in the county and the Chamber’s support for full funding of the Sadowski Fund. The Chamber asks for continued support for Visit Florida and to bring back the Qualified Target Industry tax refund program to bring more business back to Florida.

Richard Goldman of the St. Johns County Visitors and Convention Bureau, asked that they oppose any expansion of the Tourist Development Tax uses. Expansion of the uses would dilute the ability to market and bring tourism dollars to the county.

I spoke on behalf of the St. Johns County Civic Round Table, sharing our support for conservation and preservation of land and natural resources, concerns for sea level rise and resiliency. We asked that they stop pre-emption of local government controls, particularly around short term rentals and expressed our support of the Sadowski fund and asked that they stop using the funds for other purposes.

There were several speakers from charitable organizations in St. Johns County requesting additional support. A recurring theme was behavioral health concerns and affordable housing.

Representatives from Mosquito Control, at the County and State level, spoke about concerns of an upcoming audit of Special Districts that could negatively impact the Mosquito Control District. I plan to look into this further and provide more information at a later date.

Christina Parrish-Stone and Donna Guzzo spoke about the benefits of our cultural organizations and the need for continued funding of our cultural programs.

Lisa Rinaman and Jane West covered the need for protecting our springs and rivers and protecting against se level rise in the state.

Michelle Dillon, representing the St. Johns Education Association brought forward again the need for salary increases for teachers and providing school districts with the flexibility to raise salaries locally based on local market needs. She reiterated the need to change the “gap” time for teachers who had left the system and wish to return to the classroom.

Thomas Jackson addressed the need for funding to preserve the Beach House, a home where Dr. Martin Luther King, Jr. spent time. The desire is to move the house to another property and make it part of a park to preserve the history. Senator Hutson expressed interest in learning more about this project.

Ed Slavin, representing St. Augustine Green, requested the delegation to provide a “delegation letter” requesting a study from the National Park Service to review a potential National Seashore Park in St. Johns County.

Carol Anderson of the North Beach Community Alliance asked for help with the local Short Term Rental problem in Vilano beach. She provided graphics to demonstrate that of the 603 residential properties in Vilano Beach, 162 are short term rentals. She echoed earlier requests that local governments be allowed to control the Short Term Rental situation.

Carol was followed by another resident asking for help around the Short Term Rental problem in St. Johns County and asking for local jurisdiction to be able to make decisions about Short Term rentals.

Vincent Mazzella of the Florida Citizen’s Alliance was the first of several speakers to talk about their concerns with our St. Johns County schools and how parental rights should have more influence in the school system.   

Lanelle Phillmon of the League of Women’s Voters spoke about the need for local government to make decisions around election integrity. She also emphasized the need for reproductive choice, infrastructure needs, and the ability to bring teachers back to the classroom earlier.

Nell Toensmann of the St. Augustine Democratic Club emphasized concerns about regulating reproductive health and recommended they look to solutions such as have been implemented in Colorado to reduce abortions by funding birth control initiatives. Again support was asked to fully fund the Sadowski fund and to increase financial support for teachers.

John Pilecki spoke on behalf of the Sierra Club emphasizing needs for addressing climate change, land preservation, and restoring our rivers and waterways.

Several speakers spoke on their concerns about obscene or pornographic materials in the school system and how the state statutes need to be modified to address “loop holes” that allow these materials to remain in the schools.

Matt Metz – Office of the public defender for the 7th District talked about the low salaries for public defenders and that they cannot afford to live here with their current salaries.

A citizen requested that the state legislature pass a law requiring the motto, “In God We Trust” be displayed in public schools and universities.

Another resident felt compelled to speak after hearing the negative commentary about our school system. She pointed out that people move here because of our great schools – then they are attacking and wanting to change the system. She pointed out we are all stakeholders in our school system and that we have had a very successful school system. She noted it was disturbing to see outside groups trying to influence and take over our local schools. She commented about the unfair and untrue statements that are posted on social media and expressed her full support for our school system and it’s administrators.

Another resident expressed her concern about the long term use of substitute teachers and the need to provide better funding for teachers salaries.

Senator Hutson noted the education comments and that the teacher pay issue resonates very much. He commented that while they have paid a lot of attention to funding new schools, they need to pay more attention to teacher pay.  

Representative Payne expressed appreciation for residents coming out to speak and invited all to Tallahassee.

Speaker Renner appreciated the opportunity to listen and noted that lack of comment did not mean that the speakers were not heard.

Representative Stevenson thanked all for their comments and noted specifically the importance of the mental health issues.