Category: Politics

Posted in Florida Legislature, Politics, St. Johns County

Home Rule, Again?

Posted on by Beth Tate

The 2023 Version of Local Preemption Bills

Here We Go Again

In 2022, Senate Bill 620 was the big bear looming over local governments as it took away the ability of local municipalities to pass ordinances in the best interests of ALL local residents. This bill cast a blanket view that all counties and local governments in the State of Florida have the same needs.

Governor DeSantis vetoed this bill in June of 2022 because of its “broad and ambiguous” nature; something raised by many opponents as it made its way through the Legislature last year.

Governor DeSantis SB 620 Veto Letter

The Governor did suggest that if the bill were fine-tuned and included targeted preemption, when local governments undermined State policy or the rights of Floridians, he would be in favor

And that brings us to the 2023 Legislative session and Senate Bill 170,

Local Ordinances; Authorizing courts to assess and award
reasonable attorney fees and costs and damages in certain civil actions filed
against local governments; requiring a board of county commissioners to prepare or cause to be prepared a business impact estimate before the enactment of a proposed ordinance; requiring a county to suspend enforcement of an ordinance that is the subject of a certain legal action if certain conditions are met; requiring a governing body of a municipality to prepare or cause to be prepared a business impact estimate before the enactment of a proposed ordinance, etc.

 Residents of Florida should be paying attention to this bill and what it will cost local governments. The bill mandates a business impact statement to be filed before any ordinance can be adopted by a county or city.

Here in St. Johns County, that means the City of St. Augustine, City of St. Augustine Beach, and the County would need staff to review and prepare that business impact statement before every ordinance they consider. Our local governments are already stretched to meet current needs. This bill would add labor costs that then flow back to taxpayers as the budget would need to be increased to accommodate the additional workload. Even the Legislative Analysis says the financial impact is “indeterminate.”

What’s good for the goose is good for the gander

A full cost analysis and business impact analysis should be performed on this bill before it is passed!

Cause and Effect

If SB 170 is passed, one individual or business plaintiff could object to a local ordinance and then sue the local municipality, thus stopping the ordinance completely. If the plaintiff prevails, the attorney fees,
costs and damages would be borne by the local government; that means us taxpayers would foot the bill.

How might that play out? Let’s consider a local ordinance now being reviewed by St. Johns County. This local ordinance would raise the minimum cost of Affordable Workforce Housing from $240,000 to $260,000. What if a local business owner decided that was negatively impacting his business and ability to hire workers? He could sue the county and stop the ordinance in its tracks while it makes its way through the courts.

St. Johns County is not like Hillsborough County or Broward County or even Duval County. Local governments need to be able to pass local ordinances that are suited to local resident’s needs.

The next stop for this bill is the Senate Rules Committee. I expect it will sail through there just as SB 620 did in 2022. And this year, with the revisions based on feedback from Governor DeSantis in 2022, it is more likely to be signed.

If you are concerned about this local preemption bill, you can:

Read more about it here:

Florida Bill 170

Contact our St. Johns County Legislators Here:

Contact the Rules Committee at the email addresses in this link:

Rules Committee

 

 

 

 

 

Posted in Florida Legislature, Politics

Update on The Florida Special Legislative Session

Posted on by Beth Tate

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?

Posted on by Beth Tate

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?

Posted on by Beth Tate

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?

Posted on by Beth Tate

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.